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BISHOP    BERKELEY 

"Westward  the  course  of  empire  takes  its  way: 
The  four  first  acts  already  past, 
A  fifth  shall  close  the  drama  with  the  day: 
Time's  noblest  offspring  is  the  last." 

George  Berkeley,  Bishop  of  Cloyne,  a  distinguished  English 
philosopher  and  writer,  after  whom  Berkeley,  California,  is  7iamed, 
was  born  at  Dysert  Castle,  near  Thomastotvn,  Ireland,  March  12, 
IGSft.  Educated  in  Trinity  College,  Dublin,  he  was  appointed  an 
Episcopal  prelate,  and  devoted  himself  to  literature  and  to  philan- 
thropic efforts  to  establish  tn  America  a  college  for  the  education 
and  conversion  of  the  Indians  to  Christianity.  He  lived  nearly  four 
years  in  Rhode  Island,  respected,  esteemed  and  beloved  by  the 
people  of  early  New  England.  The  British  government  neglected 
to  furnish  the  promised  funds  for  the  college,  and,  having  ex- 
hausted mu^h  of  his  otvn  fortune  in  his  benevolent  design.  Bishop 
Berkeley  waj<  compelled  to  return  to  his  native  land.  So  powerfully 
impressed  Juid  he  become  with  the  great  future  of  the  American 
colonics  that  he  wrote  the  famous  poem,  "Destiny  of  America,"  the 
concluding  stanza  of  ivhich  is  quoted  above.  Alexander  Pope,  his 
most  intimate  friend,  declared  he  was  "possessed  of  every  virtue." 
lie  died  January  14,  1753,  at  Oxford,  England.  l.  e.  p. 


CHARTER 


OF  THE 


City  of  Berkeley 


PREPARED    AND   PROPOSED    BY   THE 

BOARD  OF  FREEHOLDERS 


Elected  November  21,  1908,  in   Pursuance  of  the   Provisions   of 

Section  8,  Article  XI  of  the  Constitution  of  the 

State  of  California 


Ratified  by  the  qualified   electors  of  the  Town  of  Berkeley  at  a 

special  municipal  election  held  on  January  30,  1909. 

Subsequently  presented  to  the  Legislature 

of  the  State  of  California  and 

thereafter  approved. 


Compiled,  Annotated  and  Indexed  by 

HON.  L.  ERNEST  PHILLIPS 

Member  of  the  Bar  United  States  Supreme  Court 

Late  United  States  Commissioner,  Ex-U.  S.  Special  Attorney 


April,  1909 


D.    of  D. 
JUN   20   1916 


PREFATORY. 

In  the  labor  of  compiling,  annotating,  and  indexing  the 
Charter  of  the  City  of  Berkeley,  a  service  rendered  without 
cost  to  the  city,  and  which  required  a  month  of  unceasing 
effort,  to  the  exclusion  of  important  professional  matters. 
I  desire  to  express  my  most  sincere  and  cordial  thanks  for 
the  practical  assistance  and  encouragement  of  a  number  of 
my  friends  in  the  Academic  City,  notably  to  Hon.  Francis 
Ferrier,  President  of  the  Town  Board  of  Trustees;  to  Pro- 
fessor William  Carey  Jones,  whose  History  of  the  University 
of  California  is  a  most  felicitous  addenda  to  the  present 
compilation,  and  whose  account  of  the  Charter  is  a  valuable 
aid  to  students  seeking  knowledge  upon  city  government; 
to  Mr.  Wells  Drury,  a  well-known  journalist  of  the  Pacific 
Coast,  for  his  excellent  sketch  entitled  "Industrial  Berkeley" ; 
to  Mr.  Clarence  S.  Merrill,  Postmaster,  whose  statistical 
review  of  the  growth  and  progress  of  the  city  is  shown  by 
the  records  of  his  office ;  to  Mr.  Warren  Cheney,  who  con- 
tributed a  historical  sketch  of  the  origin  and  early  history, 
and  to  Mr.  Charles  Keeler  for  his  "Picturesque  Berkeley," 
all  of  which  have  powerfully  aided  in  making  the  present 
work  a  unique,  instructive,  and  interesting  departure  from 
the  usually  dry  and  unentertaining  publications  of  its  kind. 

The  proposed  seal  for  the  City  of  Berkeley  is  respectfully 
submitted  to  the  criticism  of  my  friends  and  the  public  as  an 
attempt  to  incorporate  the  most  suggestive  design  for  this 
purpose  with  the  ornamental  and  essential  features  of  a 
practical  seal. 

Of  the  phenomenal  advancement  of  Berkeley  and  its 
future  prospects  much  has  been  said  in  the  daily  press  and 
the  magazines;  but  it  is  the  real  substratum  of  material 
advantages  embracing  a  wonderful  climate,  accessibility 
to  the  rest  of  the  world,  over  modern,  rapid  lines  of  travel, 
a  residence  area  unexcelled  anywhere  along  the  historic 
Mediterranean  for  superb  views  of  land  and  sea,  a.  govern- 
ment, a  people,  and  a.social  and  intellectual  environment  not 
surpassed  anywhere  in  the  world,  that  comprise  the  realities 
through  which  Berkeley  is  fast  becoming  and  is  destined  to 


X  PREFATOEY 

remain  one  of  the  leading  educational  and  residential  cities 
of  the  country. 

That  the  new  Charter  will  powerfully  aid  in  this  develop- 
ment is  a  certainty.  The  elimination  of  that  kind  of  politics 
and  political  methods  which  have  disgraced  and  debauched 
many  towns  and  cities,  the  exclusion  of  the  saloon  with  its 
crime-breeding  influences,  and  the  nomination  and  election 
of  public  officials  upon  lines  of  personal  merit  rather  than 
political  manipulation  suggest  law  and  order  and  good  gov- 
ernment. Moreover,  the  active  presence  and  co-operation 
of  a  faculty  of  instructors  comprising  some  of  the  ablest 
thinkers  and  writers,  a  true  sociologic-cult  for  human  better- 
ment, with  a  university  already  famous  among  educational 
institutions  and  destined  to  become  to  the  far  West  what 
Harvard,  Princeton,  and  Yale  are  to  the  Eastern  shores  of 
our  Republic,  cause  Berkeley  to  stand  forth  alone  among  her 
sister  cities  in  this  land  of  sunshine  and  flowers,  as  the 
Athens  of  the  Pacific. 

The  fraternal  orders  are  well  represented  in  Berkeley. 
That  ancient  and  sublime  organization,  "Masonry,"  is  also 
here,  that  order  which  safe-guards  human  liberty  and  the 
moral  and  spiritual  welfare  of  mankind  in  every  corner  of 
the  civilized  world,  which  stands  silent,  watchful,  beneficent, 
holy, — with  its  citadel  in  the  hearts  and  affections  of  men, — 
has  a  worthy  Temple  founded  by  Henry  Durant,  a  pioneer 
of  Berkeley,  whose  philanthropy  and  high  character  still 
remind  us  of  the  true  end  of  life. 

It  only  remains  for  the  investigative  spirit  to  examine 
the  following  pages,  to  read  the  historical  and  statistical 
matter  appended,  and  then  to  explore  the  far  and  near 
reaches  of  the  city,  to  become  an  enthusiast  and  a  dweller 
in  this  charming  domain  of  health,  refinement,  and  progress. 

L.  Ernest  Phillips. 

2036  Bancroft  Way,  Berkeley,  Cal., 
April  12,  1909. 


CONTENTS. 

SECTION 

Additional  powers 171 

Administering  oaths.     Subpoenas 57 

Alternative  proposition 2.52 

Annual  budget  .  • 176 

Annual  estimate  of  city's  requirements  and  revenue 175 

Annual  estimate  of  expenses 244 

Annual  tax  levy 178 

Annual  reports  of  company 214 

Applications  for  franchises 199 

Applies  to  all  elective  officers 35 

Arrangement  of  officers  on  ballot 23 

Ayes  and  noes 82 

Beginning  and  completion  of  work 206 

Bequests  and  donations 103 

Bidding  for  the  franchise 201 

Billboards   and    signs 127 

Blank  spaces  for  additional  candidates 25 

Board  of  Education,  The 172 

Board  of  Equalization 

Bond  tax.     Library  tax 180 

Bond  ... 204 

Boulevards 155 

Borrowing  money.     Bonds 104 

Boundaries 3 

Building  regulations 120 

Candidates.    Election 40 

Cash  basis  fund 181 

Certificate 251 

Chief  executive,  The 58 

Chief  official,  The 67 

Civic    Art    Commission :  166 

Civil    Servic*    Commission 165 

Closed  or  abandoned  streets 156 

Collusion    by   bidder 195 

Collusion  with  bidder 194 

Commission   of   Public   Charities » 169 

Compensation   of  officers  and  employees 69 

Condition   of  candidacy 6 

Conditions  of   grant 200 

Conduct  of  legal  proceedings 249 

Contracts  for   lighting 191 

Contracts  for  official  advertising 190 

(xi) 


xU  CONTENTS 

SECTION 

Contracts  for  water 192 

Council  to  assign  duties  to  the  departments 65 

Council  the  governing  body,   The 75 

Councilman  to  hold  no  other  office 72 

Councilmen's   term   of   office 51 

Dairies 134 

Dangerous  and  offensive  occupations;   disagreeable  noises 132 

Date  of  presenting  petition 12 

Date  of  second  election 29 

Department  estimate  of  annual  requirements 174 

Deposit  as  guarantee  of  good  faith 202 

Direct  legislation  by  the  people 108 

Direct   legislation    (Initiative) 219 

Dogs 128 

Disposition  of  money  collected 185 

Duties  of  the  Auditor 183 

Elective  officers,   The 45 

Elected   at   large 46 

Election  proclamation 18 

Election 224 

Election  under  recall  petition 38 

Election  of  teachers 241 

Elections 164 

Eligibility   of   Mayor,   Auditor  and   Councilman 47 

Eligibility  of  School  Directors 48 

Enacting  clause  of  ordinances 85 

Engines   and  boilers 118 

Erroneously  collected  taxes 144 

Every  nominee  to  be  on  ballot 22 

Examination  of  company's  books.     Audit 213 

Examination  of  petitions  by  City  Clerk 13 

Existing  ordinances  continued  in  force 248 

Explosives 116 

Failure  of  person  elected  to  qualify 31 

Fees    (Council   to   fix) .' 145 

Fifteen  per  cent  petition   (Initiative) 221 

Filing  of  petitions 16 

Fire  escapes 121 

Fire  limits 119 

First  election  under  this  charter 246 

Fiscal   year,  The 172 

Five  per  cent  petition   (Initiative) 222 

Forfeiture  for  non-compliance 216 

Form  of  ballots 19 

Form  of  contracts 187 


CONTENTS  xiii 

SECTION 

Form  of  nomination  petition 7 

Forms  to  be  supplied  by  the  City  Clerk 9 

Four  municipal  departments,  The 64 

Four  commissioners,  The 66 

Franchise  not  in  use  forfeited 218 

Franchises  to  use  streets 198 

Free  competition  in  bidding 203 

Further  regulations  (Recall  of  elective  oflScers) 44 

Further  regulations  (Initiative) 228 

Further  regulations   (Referendum) 231 

Garbage 137 

General  election  regulations 33 

General  and  special  municipal  elections 4 

General  (or  special)  municipal  election  (form) 20 

General  powers  of  the  city 96 

Grounds  of  recall.     OflScer's  justification 39 

Hours  of  labor 193 

Joint  ownership  of  water  supply 106 

Land  for  public  purposes 101 

Lease  of  public  utilities 102 

Lease  or  assignment  of  franchise 211 

Lease  of  lands  owned  by  the  city 147 

Life  of  franchises 205 

Light  and   water 154 

Limit  of  tax  levy 179 

Limit  to  special  elections 226 

Licensing  businesses 138 

Lodging,  tenement  and  apartment  houses 135 

Majority  vote  of  Council 83 

Mayor  pro  tempore 59 

Mayor  to  have  city  books  examine<l 61 

Mayor,  The,  the  chief  executive 58 

Mayor's  and  Auditor's  term  of  oflBce 51 

Mayor's  urgency   fund 146 

Mayor's  reports 60 

Meetings  of  Council 77 

Meetings  to  be  public 78 

Meetings  (Board  of  Education) ^ 234 

Meetings  to  be  public 237 

Mode  of  protesting  against  ordinances 229 

Money  to  meet  warrants 184 

Municipal  ownership 170 

Name  of  the  city 1 

No  conveyance  necessary  for  city's  ownership 210 


xiv  CONTENTS 

SECTION 

No  recall  petition  for  first  three  months 42 

No  use  of  streets  without  a  franchise 197 

Nomination  and  election  of  city  officers 5 

Nuisances 112 

Oath  of  office 55 

Officers  not  to  be  interested  in  contracts  or  franchises 73 

Official  bonds 54 

Official  seal 110 

Ordinances  and  resolutions 81 

Ordinances   granting  franchises 92 

Ordinances  required  in  certain  cases 87 

Park  Commission 167 

Payment  of  gross  receipts 215 

Petition  for  recall 36 

Playground  Commission 168 

Police  and  Fire  Departments 114 

Police  and  fire  alarm  systems 115 

Political  and  religious  tests 74 

Powers  and  duties  prescribed  by  ordinances 63 

Powers   of   the   Council   enumerated 109 

Powers  and  duties  of  the  Superintendent   (of  Schools) 239 

Powers  of  Superintendent  with  reference  to  teachers 240 

Precautions  against  fires 122 

Preservation  of  health 131 

Preservation  of  petitions 17 

President  of  the  Board  of  Education 233 

President   and  Vice-President    (the   Council) 76 

Progressive  payments  on  contracts 188 

Property  rights  of  the  city  inalienable 196 

Protection  of  absent   Commission 94 

Provisions  of  section  5  apply   (Recall) 37 

Provisions  of  section  5  apply   (Initiative) 220 

Provision  for  safety  in  streets 124 

Provisions  for  safety  in  theatres,  halls,  etc 123 

Public  buildings  works  and  institutions 97 

Public  pound 129 

Public  order  and   decency 142 

Public  shows.    Gambling 141 

Public  work  to  be  done  by  contract 189 

Publication  of  popular  ordinance 223 

Publication  of  Charter  and  ordinances 95 

Purchase  of  property  under  execution 148 

Quorum   (the  Council) 79 

Quorum   (Board  of  Education) 235 

Railroads  to  keep  streets  in  repair 160 

Rates  and  charges 208 


CONTENTS  XV 

SECTION 

Record   of  City  ordinances 93 

Reconsideration 88 

Reference  of  measures  to  popular  vote 241 

Regulation  of  poles  and  wires 162 

Regulation  of  public  vehicles 139 

Regulation  of  public  utility  rates 153 

Regulation  of  street  railroads 159 

Repeal    (ordinances) 91 

Repeal  of  popular  ordinances   (Initiative) 227 

Reports    of    departments 70 

Reports  to  be  published 71 

Requirements  of  ballot 21 

Requirements  of  certificate 10 

Requirements  of  an  ordinance 86 

Reservation  for  belt  lines 217 

Revision  and  amendment 90 

Rewards 113 

Right  of  City  to  assume  ownership 209 

Rights  and  liabilities  (the  City) 2 

Rules  governing  second  election 30 

Rules  of  proceedings   (the  Council) 80 

Rules  of  proceedings   (Board  of  Education) 236 

Salaries 56 

Sale  of  products  of  public  utilities 100 

Sale  of  useless  personal  property 149 

Sample  ballots 26 

School  Director's  term  of  oflSce 53 

School  warrants 243 

Second  election  28 

Service   and   accommodation 207 

Several  ordinances  at  one  election 225 

Sewer  connections   136 

Signing  and  attesting 89 

Size  and  location  of  pipes 163 

Space  for  voting  cross 24 

Special  tax 105 

Spur  tracks 161 

Street  grades 151 

Street  opening 153 

Street  sprinkling,  cleaning  and  paving 212 

Street  work 152 

Subject  and  title    (ordinances) 84 

Subordinate  offices  and  employees 68 

Sue  and  defend 107 

Supervision  of  public  utility  companies 62 

Superintendent  of  Schools 238 

Tax  liens 182 


xvi  CONTENTS 

SECTION 

Tax  system 173 

Taxation 143 

Tenure   of  teachers 242 

Telephone,  telegraph  and  transportation 99 

Trusts   (confided  to  the  City) 150 

Uniform  accounts  and  reports 186 

Vacancy  in  oflBce  of  Mayor,  Auditor  or  Councilman 49 

Vacancy  in  office  of  School  Director 50 

Verification  deputies 11 

Violation  of  Charter  and  ordinances Ill 

Violation  of  Charter  and  ordinances 250 

Voting  machines 34 

Water,  light,  heat  and  power 98 

Waterfront  and  wharves 157 

Weeds  and  rubbish  on  sidewalks 126 

Weights  and  measures 140 

When  this  Charter  takes  effect 245 

Withdrawal   of   candidate 15 

Withdrawal  of  signature 14 


ARTICLES   DESCRIPTIVE    OF   BERKELEY. 

PAGB 

University  of  California.     Prof.  William  Carey  Jones 68 

Industrial  Berkeley.     Wells  Drury 73 

Picturesque  Berkeley.     Charles  Keeler 76 

Phenomenal  Growth  Shown  by  Postal  Figures.     C.  S.  Merrill 78 

Older   Berkeley.      Warren   Cheney 80 

Constitutional  Provisions  and  Charter.     Prof.  William  Carey  Jones.  82 

Charter  Decisions  of  California  Supreme  Court 85 

Annotated  Cross-Reference  Index 97 


CHARTER 

OF  THE 

City  of  Berkeley 


Article  I.  Name  and  Rights  of  the  City. 

II.  Boundaries. 

III.  Elections. 

IV.  The  Recall  of  Elective  Officers. 
V.  Elective  Officers. 

VI.  The  Mayor. 

VII.  Executive  and  Administrative  Departments. 

VIII.  The  Council. 

IX.  Powers  of  the  City  and  of  the  Council. 

X.  Finance  and  Taxation. 

XI.  Public  Work  and  Supplies. 

XII.  Franchises. 

XIII.  The  Initiative. 

XIV.  The  Referendum. 
XV.  The  Public  Schools. 

XVI.  Miscellaneous. 

ARTICLE    I. 
NAME   AND  RIGHTS   OF  THE  CITY. 

§  1.    Name  of  the  city. 

Sec.  1.  The  municipal  corporation  now  existing  and 
known  as  the  Town  of  Berkeley  shall  remain  and  continue 
a  body  politic  and  corporate  in  name  and  in  fact,  by  the 
name  of  the  City  of  Berkeley,  and  by  such  name  shall  have 
perpetual  succession. 

§  2.    Rights  and  liabilities. 

Sec.  2.  The  City  of  Berkeley  shall  remain  vested  with 
and  continue  to  have,  hold  and  enjoy  all  property,  rights  of 
property  and  rights  of  action  of  every  nature  and  descrip- 
tion now  pertaining  to  this  municipality,  and  is  hereby 
declared  to  be  the  successor  of  the  same.  It  shall  be  subject 
to  all  the  liabilities  that  now  exist  against  this  municipality. 


2  Charter  of  the  City  of  Berkeley 

ARTICLE    II. 

BOUND  AEIES. 

§  3.     Sec.  3.     The  boundaries  of  the  City  of  Berkeley  shall 
be  as  follows: 

Beginning  at  the  point  of  intersection  of  the  boundary  line 
between  Alameda  County  and  Contra  Costa  County,  Cali- 
fornia, with  the  eastern  line  of  plot  number  eighty-three  (83) 
as  said  plot  is  shown  on  Kellersberger's  map  of  the  subdi- 
vision of  the  Rancho  of  Vincente  and  Domingo  Peralta,  of 
record  in  the  office  of  the  County  Recorder  of  Alameda 
County ;  thence  southerly  along  the  eastern  line  of  said  plot 
eighty-three  (83)  and  plots  eighty-two  (82)  and  eighty  (80) 
and  along  the  prolongation  of  said  eastern  line  of  said  plot 
eighty  (80)  southerly  across  plots  seventy-eight  (78)  and 
seventy-seven  (77)  and  along  the  line  dividing  plots  seventy- 
four  (74)  and  seventy-five  (75),  all  of  said  plots  being  por- 
tions of  the  subdivision  of  said  Rancho  of  Vincente  and 
Domingo  Peralta,  to  a  point  one  hundred  and  fifty  (150) 
feet  southerly  from  the  northeast  corner  of  said  plot  seventy- 
five  (75)  of  said  Kellersberger's  subdivision  of  said  Rancho  of 
Vincente  and  Domingo  Peralta,  and  one  hundred  (100)  feet 
southerly  from  the  intersection  of  said  line  of  said  plot 
seventy-five  (75)  with  the  southern  line  of  Russell  Street 
as  located  by  survey,  a  map  of  which  is  recorded  in  the  office 
of  the  County  Recorder  of  Alameda  County,  California,  on 
page  thirty-nine  (39)  of  Book  Nineteen  (19)  of  maps,  said 
point  on  said  southern  line  of  said  Russell  Street  being  iden- 
tical with  the  southern  line  of  Public  Road  No.  3093  of  Ala- 
meda County — commonly  called  the  Tunnel  Road — at  its 
point  of  beginning ;  thence  easterly  and  southeasterly  along 
a  line  one  hundred  (100)  feet  distant  from  and  parallel  with 
the  said  southern  line  of  said  County  Road  No.  3093  to  a 
point  six  hundred  and  sixty  (660)  feet  distant  southerly 
from  and  at  right  angles  to  the  northern  line  of  plot  seventy- 
four  (74)  as  per  Kellersberger's  subdivision  of  said  Rancho 
of  Vincente  and  Domingo  Peralta;  thence  easterly  and  par- 
allel with  said  northern  line  of  said  plot  seventy-four  (74) 
to  the  eastern  line  thereof;  thence  southerly  along  the  east- 
ern boundary  of  said  plot  seventy-four  (74)  to  the  southeast 
comer  thereof;  thence  westerly  along  the  southern  boundary 


Charter  of  the  City  op  Berkeley  3 

of  plots  seventy-four  (74)  and  seventy-six  (76)  of  the  Rancho 
Vineente  and  Domingo  Peralta  and  said  line  produced  west- 
erly to  Claremont  Avenue ;  thence  westerly  across  Claremont 
Avenue  to  the  point  of  intersection  of  the  western  line  of  said 
Claremont  Avenue  with  the  southern  line  of  the  Colby  Tract 
as  indicated  on  map  of  same,  recorded  on  page  76  of  Map  Book 
No.  19,  in  the  office  of  the  County  Recorder  of  Alameda 
County ;  thence  westerly  along  the  southern  line  of  the  Colby 
Tract  to  the  eastern  line  of  College  Avenue;  thence  westerly, 
crossing  College  Avenue  at  right  angles  to  same,  to  a  point 
on  the  eastern  boundary  of  the  City  of  Oakland  one  hundred 
and  twenty-five  (125)  feet  westerly  from  the  western  line 
of  College  Avenue ;  thence  northerly  and  parallel  to  College 
Avenue  to  a  point  twenty  and  seven-tenths  (20.7)  feet  at 
right  angles  southerly  from  the  southern  line  of  Woolsey 
Street  in  the  "Fairview  Park" ;  thence  westerly  in  a  straight 
line  to  a  point  ninety-seven  and  fifty-hundredths  (97.50) 
feet  at  right  angles  southerly  from  the  southern  line  of  Wool- 
sey Street  in  the  Newbury  Tract,  Berkeley,  Cal.,  said  point 
being  on  the  prolongation  in  a  straight  line  northerly  of 
the  eastern  boundary  of  the  Lorin  Villa  Tract;  thence 
southerly  along  said  prolongation  of  said  eastern  line  of 
said  Lorin  Villa  Tract,  and  along  the  eastern  line  of  said 
Lorin  Villa  Tract  and  said  eastern  line  of  said  Lorin  Villa 
Tract  produced  in  a  straight  line  southerly  to  a  point  one 
hundred  and  thirty-five  (135)  feet  southerly  from  the 
southern  line  of  Alcatraz  Avenue ;  thence  westerly  and  par- 
allel with  the  said  southern  line  of  Aleatraz  Avenue  to  the 
line  dividing  plots  numbers  forty-six  (46)  and  fifty-two  (52) 
of  Kellersberger's  subdivision  of  the  Rancho  of  Vineente  and 
Domingo  Peralta;  thence  southerly  along  the  said  last  line 
to  a  point  on  said  line  one  hundred  and  thirty-five  (135)  feet 
southerly  from  the  southern  line  of  Todd  Street,  as  shown 
on  map  of  Paradise  Park ;  thence  westerly  and  parallel  with 
the  southern  line  of  Todd  Street  to  a  point  one  hundred  (100) 
feet  westerly  from  the  western  line  of  Occidental  Street,  as 
shown  on  said  map  of  Paradise  Park  (said  Occidental  Street 
being  that  street  now  known  as  California  Street) ;  thence 
northerly  and  parallel  with  said  California -Street  to  a  point 
one  hundred  (100)  feet  southerly  from  the  southern  line 
of  Alcatraz  Avenue ;  thence  westerly  and  parallel  with  said 


4  Charter  op  the  City  op  Berkeley 

southern  line  of  Aleatraz  Avenue  to  a  point  one  hundred  and 
sixty  (160)  feet  westerly  from  the  western  line  of  Idaho 
Street,  as  shown  on  map  of  the  Herzog  Tract ;  thence  norther- 
ly and  parallel  with  the  said  western  line  of  said  Idaho 
Street,  as  shown  on  maps  of  the  Herzog  Tract  and  of  the 
Rock  Island  Tract,  to  a  point  one  hundred  (100)  feet  south- 
erly from  the  southern  line  of  Blackstone  Street,  as  shown 
on  map  of  the  Rock  Island  Tract ;  thence  westerly  and  par- 
allel with  the  southern  line  of  said  Blackstone  Street  to  a 
point  one  hundred  (100)  feet  westerly  from  the  western  line 
of  Mabel  Street  as  shown  on  map  of  the  Garrison  Tract,  if 
said  western  line  of  said  Mabel  Street  as  located  east  of  said 
Carrison  Tract  were  extended  in  a  direct  line  southerly; 
thence  northerly,  and  parallel  with  the  said  western  line  of 
said  Mabel  Street  and  the  extension  thereof  southerly,  to  a 
point  one  hundred  (100)  feet  southerly  from  the  southerly 
line  of  Haskell  Street,  as  shown  on  map  of  the  Carrison 
Tract;  thence  westerly  and  parallel  with  the  said  southern 
line  of  Haskell  Street  to  the  eastern  line  of  San  Pablo 
Avenue ;  thence  northerly  along  the  said  eastern  line  of  said 
San  Pablo  Avenue,  ninety-five  (95)  feet;  thence  westerly 
across  San  Pablo  Avenue  to  a  point  on  the  westerly  line 
thereof  distant  one  hundred  and  ten  (110)  feet  northerly 
from  the  northern  line  of  Union  Street,  as  said  Union  Street 
is  shown  on  map  of  the  Villa  Homestead  Association ;  thence 
westerly  and  parallel  with  the  said  northern  line  of  said 
Union  Street  and  parallel  with  the  extension  of  said  line  of 
said  Union  Street  to  the  western  boundary  of  Alameda 
County ;  thence  northerly  and  along  the  said  western  bound- 
ary of  Alameda  County  to  a  point  from  which  a  line  drawn 
easterly  at  right  angles  to  the  western  line  of  First  Street,  in 
Tract  "B"  of  the  lands  of  the  Berkeley  Land  and  Town 
Improvement  Association  would  intersect  said  western  line 
of  said  First  Street  at  Codornices  Creek ;  thence  easterly  in 
a  straight  line  to  the  point  of  intersection  of  the  western 
line  of  said  First  Street  with  Codornices  Creek;  thence  east- 
i'rly  along  said  creek  to  the  corner  common  to  Lots  186  and 
187  of  Peralta  Park,  as  shown  on  the  map  of  the  Resubdi- 
vision  of  Peralta  Park,  filed  August  29th,  1893,  on  page  4 
of  Map  Book  No.  15,  in  the  office  of  the  County  Recorder 
of  Alameda  County ;  thence  northerly  along  the  line  dividing 


Charter  of  the  City  of  Berkei^y  5 

Lots  numbers  165  to  176  inclusive  and  numbers  178  to  186 
inclusive  on  the  east,  and  Lots  numbers  187  to  204  inclusive 
on  the  west  to  a  point  on  the  southern  line  of  Lot  \o.  162, 
all  of  said  lots  being  of  said  resubdivision  of  Peralta  Park ; 
thence  westerly  along  the  northern  boundary  line  of  Lot 
204  to  the  corner  common  to  Lots  161  and  162.  thence  north- 
erly along  the  line  dividing  said  Lots  161  and  162  as  shown 
on  said  map  of  Resubdivision  of  Peralta  Park  to  the  southern 
line  of  Posen  Avenue ;  thence  northerly,  crossing  Posen 
Avenue  to  a  point  on  the  northern  line  of  same  at  the  corner 
common  to  Lots«116  and  117  of  said  Resubdivision  of  Peralta 
Park ;  thence  northerly  along  the  line  dividing  Lots  117,  107 
and  94  on  the  west  from  Lots  116,  108  and  93  on  the  east  to 
the  corner  common  to  said  Lots  93  and  94,  on  the  northern 
boundary  of  said  Peralta  Park;  thence  easterly  along  the 
northern  line  of  Peralta  Park  to  the  southeasterly  corner 
of  Lot  Number  1  in  Block  Number  16  as  surveyed  in  "North- 
brae,  Berkeley,  California,"  a  map  of  which  was  filed  in  the 
office  of  the  Recorder  of  Alameda  County  on  April  8th,  1907, 
on  page  65  of  Map  Book  No.  22;  thence  northeasterly  in  a 
straight  line  to  a  point  on  the  northwesterly  line  of  Monterey 
Avenue  as  per  map  of  "Northbrae,"  where  said  northwester- 
ly line  of  Monterey  Avenue  intersects  the  western  line  of 
that  certain  piece  or  parcel  of  land  conveyed  by  George 
Sterling  and  Carrie  R.  Sterling  to  the  Berkeley  Development 
Company  by  deed  dated  October  13th,  1906,  and  recorded 
at  page  92  in  Book  of  Deeds  Number  1243;  thence  north  9 
degrees  45  minutes  west  along  the  western  line  of  said  last 
named  piece  or  parcel  of  land  twenty-five  hundred  and  fifty- 
eight  (2558)  feet,  more  or  less,  to  the  northwesterly  corner 
of  said  piece  or  parcel  of  land ;  thence  north  80  degrees  15 
minutes  east  along  the  northerly  line  of  said  last  named 
piece  or  parcel  of  land  twenty-nine  hundred  and  nineteen 
and  89-100  (2919.89)  feet  to  a  point  in  the  center  line  of 
County  Road  Number  4398,  said  County  Road  being  also 
commonly  known  as  Spruce  Street,  and  designated  as 
"Spruce  Street"  on  map  entitled  "North  Cragmont.  Berkeley. 
Cal.,"  filed  in  the  office  of  the  County  Recorder  of  Alameda 
County  on  April  20th,  1908,  on  page  84  of  Map  Book  Number 
23;  thence  southerly  and  following  the  center  line  of  said 
Countv  Road  No.  4398  to  its  intersection   with   "Sawvers 


6  Charter  op  the  City  of  Berkeley 

partition  Line";  thence  north  60  degrees  30  minutes  east 
along  said  "Sawyers  partition  Line,"  said  line  being 
identical  with  the  northern  line  of  "Tuohys  Second  Addi- 
tion," to  the  corner  common  to  plots  "Q"  and  "R"  as  shown 
on  map  entitled  "Map  of  the  Undivided  Mountain  and  Hill 
Land  of  Vincente  and  Domingo  Peralta  Rancho  as  partitioned 
by  a  decree  of  the  Third  District  Court,  March  2nd,  1875,"  filed 
in  the  office  of  the  County  Recorder  of  Alameda  County, 
October  6th,  1875,  on  page  30  of  Map  Book  Number  19; 
thence  south  5  degrees  east  along  said  line  dividing  said 
plots  "Q"  and  "R"  eleven  hundred  and  sixteen  and  72-100 
(1116.72)  feet  to  the  northern  line  of  Berkeley,  as  per  de- 
scription in  Charter  adopted  March  5th,  1895;  thence  east- 
erly along  said  northern  line  of  Berkeley  as  per  Charter 
adopted  March  5th.  1895,  said  line  being  identical  with  the 
northern  lines  of  plots  eighty-four  (84)  and  eighty-three  (83) 
as  per  Kellersberger's  map  of  the  subdivision  of  the  Rancho 
of  Vincente  and  Domingo  Peralta,  of  record  in  the  office  of 
the  County  Recorder  of  Alameda  County,  to  a  point  on  the 
line  dividing  Alameda  County  and  Contra  Costa  County,  said 
point  being  the  most  northern  point  on  the  boundary  of  said 
plot  83;  thence  southerly  and  southeasterly  along  said  line 
between  said  Alameda  and  Contra  Costa  counties  to  the 
point  of  beginning. 

ARTICLE    III. 

ELECTIONS. 

§  4.     General  and  special  municipal  elections. 

See.  4.  A  municipal  election  shall  be  held  in  the  City 
on  the  first  Saturday  in  May  in  the  year  1909,  and  on  the 
first  Saturday  in  April  in  1911  and  on  the  first  Saturday  in 
April  in  every  second  year  thereafter,  and  shall  be  known 
as  the  general  municipal  election.  A  second  election  shall 
bo  held,  when  necessary,  as  provided  in  subdivision  22  of 
section  5,  on  the  third  Saturday  after  said  general  municipal 
election,  and  shall  be  known  as  the  second  general  municipal 
election. 

All  other  municipal  elections  that  may  be  held  by  authority 
of  this  Charter  or  of  general  law  shall  be  known  as  special 
nuMiicipal  elections. 


Charter  of  the  City  op  Berkeley  7 

§  5.    Nomination  and  election  of  city  officers. 

Sec.  5.     (1)     The   mode   of  nomination   and  election   of 
all  elective  officers  of  the  City  to  be  voted  for  at  any  munici- 
pal election  shall  be  as  follows  and  not  otherwise: 
§  6.    Condition  of  candidacy. 

(2)  The  name  of  a  candidate  shall  be  printed  upon  the 
ballot  when  a  petition  of  nomination  shall  have  been  filed 
in  his  behalf  in  the  manner  and  form  and  under  the  condi- 
tions hereinafter  set  forth. 

§  7.    Form  of  nomination  petition. 

(3)  The  petition  of  nomination  shall  consist  of  not  less 
than  twenty-five  individual  certificates,  which  shall  read 
substantially  as  follows: 

PETITION  OF  NOMINATION. 
§  8.    Individual  certificate. 
State  of  California,    V 

County  of  Alameda,    V  ss. 

City  of  Berkeley.     J  Prect.  No 

I.  the  undersigned,  certify  that  I  do  hereby  join  in  a 
petition  for  the  nomination  of whose  resi- 
dence is  at  No Street,  Berkeley,  for  the  office  of 

to  be  voted  for  at  the  municipal  election 

to  be  held  in  the  City  of  Berkeley  on  the day  of 

19.  .  .  and  I  further  certify  that  I  am  a 

qualified  elector  and  am  not  at  this  time  a  signer  of  any 
other  petition  nominating  any  other  candidate  for  the  above 
named  office,  or,  in  case  there  are  several  places  to  be  filled 
in  the  above  named  office,  that  I  have  not  signed  more 
petitions  than  there  are  places  to  be  filled  in  the  above  named 

office ;    that  my  residence  is  at  No 

Street.  Berkeley,  and  that  my  occupation  is 

(Signed)   

State  of  California,    ^ 
County  of  Alameda,    V  ss. 
City  of  Berkeley.      J 

being  duly  sworn,  deposes  and  says  that 

he  is  the  person  who  signed  the  foregoing  certificate  and 
that  the  statements  therein  are  true  and  correct. 

(Signed)  


Charter  of  the  City  of  Berkeley 

Subscribed  and  sworn  to  before  me  this  day  of 

19.... 


(Notary  Public  or  Verification  Deputy.) 
The  petition  of  nomination  of  which  this  certificate  forms 

a  part  shall,  if  found  insufficient,  be  returned  to 

at  No Street,  Berkeley.  Cal. 

§  9.    Forms  to  be  supplied  by  the  City  Clerk. 

(4)  It  shall  be  the  duty  of  the  City  Clerk  to  furnish  upon 
application  a  reasonable  number  of  forms  of  individual  cer- 
tificates of  the  above  character. 

§  10.     Requirements  of  certificate. 

(5)  Each  certificate  must  be  a  separate  paper.  All  cer- 
tificates must  be  of  a  uniform  size  as  determined  by  the 
City  Clerk.  Each  certificate  must  contain  the  name  of  one 
signer  thereto  and  no  more.  Each  certificate  shall  contain 
the  name  of  one  candidate  and  no  more.  Each  signer  must 
be  a  qualified  elector,  must  not  at  the  time  of  signing  a  cer- 
tificate have  his  name  signed  to  any  other  certificate  for  any 
other  candidate  for  the  same  office,  nor,  in  case  there  are 
several  places  to  be  filled  in  the  same  office,  signed  to  more 
certificates  for  candidates  for  that  office  than  there  are 
places  to  be  filled  in  such  office.  In  case  an  elector  has  signed 
two  or  more  conflicting  certificates,  all  such  certificates  shall 
be  rejected.  Each  signer  must  verify  his  certificate  and 
make  oath  that  the  same  is  true  before  a  notary  public  or  a 
verification  deputy,  as  provided  for  in  this  section.  Each 
certificate  shall  further  contain  the  name  and  address  of  the 
person  to  whom  the  petition  is  to  be  returned  in  case  said 
petition  is  found  insufficient. 

§  11.     Verification  deputies. 

(6)  Verification  deputies,  under  this  section,  must  be 
(lualified  electors  of  the  City  and  shall  be  appointed  by  the 
City  Clerk  upon  application  in  writing  signed  by  not  less 
than  five  qualified  electors  of  the  City.  The  application  shall 
set  forth  that  the  signers  thereto  desire  to  procure  the 
necessary  signatures  of  electors  for  the  nomination  of  can- 
didates for  municipal  office  at  an  election  therein  specified, 
and  that  the  applicants  desire  the  person  or  persons  whose 
names  and   addresses  are   given,   appointed   as  verification 


Charter  of  the  City  of  Berkeley  9 

deputies,  who  shall  upon  appointment  be  authorized  and 
empowered  to  take  the  oath  of  verification  of  the  signers  of 
petitions  of  nomination.  Such  verification  deputies  need 
not  use  a  seal,  and  shall  not  have  power  to  take  oaths  for 
any  other  purposes  whatsoever,  and  their  appointments  shall 
continue  only  until  all  petitions  of  nomination,  under  this 
section,  shall  have  been  filed  by  the  City  Clerk, 

§  12.    Date  of  presenting  petition, 

(7)  A  petition  of  nomination,  consisting  of  not  less  than 
twenty-five  individual  certificates  for  any  one  candidate,  may 
be  presented  to  the  City  Clerk  not  earlier  than  forty-five 
days  nor  later  than  thirty  days  before  the  election.  The 
Clerk  shall  endorse  thereon  the  date  upon  which  the  petition 
was  presented  to  him. 

§  13.    Examination  of  petitions  by  City  Clerk, 

(8)  When  a  petition  of  nomination  is  presented  for  filing 
to  the  City  Clerk,  he  shall  forthwith  examine  the  same,  and 
ascertain  whether  it  conforms  to  the  provisions  of  this 
section.  If  found  not  to  conform  thereto,  he  shall  then  and 
there  in  writing  designate  on  said  petition  the  defect  or 
omission  or  reason  why  such  petition  cannot  be  filed,  and 
shall  return  the  petition  to  the  person  named  as  the  person 
to  whom  the  same  may  be  returned  in  accordance  with  this 
section.  The  petition  may  then  be  amended  and  again  pre- 
sented to  the  Clerk  as  in  the  first  instance.  The  Clerk  shall 
forthwith  proceed  to  examine  the  petition  as  hereinbefore 
provided.  If  necessary,  the  Council  shall  provide  extra 
help  to  enable  the  Clerk  to  perform  satisfactorily  and 
promptly  the  duties  imposed  by  this  section. 

§  14,    Withdrawal  of  Signature. 

(9)  Any  signer  to  a  petition  of  nomination  and  cer- 
tificate may  withdraw  his  name  from  the  same  by  filing  with 
the  City  Clerk  a  verified  revocation  of  his  signature  before 
the  filing  of  the  petition  by  the  Clerk,  and  not  otherwise. 
He  shall  then  be  at  liberty  to  sign  a  petition  for  another 
candidate  for  the  same  office. 

§  15,    Withdrawal  of  candidate, 

(10)  Any  person  whose  name  has  been  presented  under 
this  section  as  a  candidate  may,  not  later  than  twenty-five 


10  Charter  of  the  City  of  Berkeley 

days  before  the  day  of  election,  cause  his  name  to  be  with- 
drawn from  nomination  by  filing  with  the  City  Clerk  a  re- 
quest therefor  in  writing,  and  no  name  so  withdrawn  shall 
be  printed  upon  the  ballot.  If  upon  such  withdrawal  the 
number  of  candidates  remaining  does  not  exceed  the  number 
to  be  elected,  then  other  nominations  may  be  made  by  filing 
petitions  therefor  not  later  than  twenty  days  prior  to  such 
election. 

§  16.     Filing  of  petitions. 

(11)  If  either  the  original  or  the  amended  petition  of 
nomination  be  found  sufficiently  signed  as  hereinbefore  pro- 
vided, the  Clerk  shall  file  the  same  twenty-five  days  before 
the  date  of  the  election.  When  a  petition  of  nomination 
shall  have  been  filed  by  the  Clerk  it  shall  not  be  withdrawn 
nor  added  to  and  no  signature  shall  be  revoked  thereafter. 

§  17.     Preservation  of  petitions. 

(12)  The  City  Clerk  shall  preserve  in  his  office  for  a 
period  of  two  years  all  petitions  of  nomination  and  all  cer- 
tificates belonging  thereto  filed  under  this  section. 

§  18.    Election  proclamation. 

(13)  Immediately  after  such  petitions  are  filed,  the  Clerk 
shall  enter  the  names  of  the  candidates  in  a  list,  with  the 
offices  to  be  filled,  and  shall  not  later  than  twenty  days  before 
the  election  certify  such  list  as  being  the  list  of  candidates 
nominated  as  required  by  the  Charter  of  Berkeley,  and  the 
Council  shall  cause  said  certified  list  of  names  and  the  offices 
to  be  filled,  designating  whether  for  a  full  term  or  unex- 
pired terra,  to  be  published  in  the  proclamation  calling  the 
election  at  least  ten  successive  days  before  the  election  in  not 
more  than  two  daily  newspapers  of  general  circulation  pub- 
lished in  the  City  of  Berkeley.  Said  proclamation  shall  con- 
form in  all  respects  to  the  general  State  law  governing  the 
conduct  of  municipal  elections,  now  or  hereafter  in  force, 
except  as  above  required. 

§  19.    Form  of  ballots. 

(14)  The  City  Clerk  shall  cause  the  ballots  to  be  printed 
and  bound  and  numbered  as  provided  for  by  State  law 
except  as  otherwise  required  in  this  Charter.  The  ballots 
shall  contain  the  list  of  names  and  the  respective  offices, 


Charter  op  the  City  of  Berkeley  11 

as  published  in  the  proclamation  and  shall  be  in  substantially 
the  following  form : 

§  20.     General    (or    special)    municipal    election,    City    of 
Berkeley. 

(Inserting  date  thereof.) 
INSTRUCTIONS  TO  VOTERS:  To  vote,  stamp  or  write 
a  cross  (X)  opposite  the  name  of  the  candidate  for  whom 
you  desire  to  vote.  All  marks  otherwise  made  are  forbidden. 
All  distinguishing  marks  are  forbidden  and  make  the  ballot 
void.  If  you  wrongly  mark,  tear  or  deface  this  ballot,  re- 
turn it  to  the  Inspector  of  Election,  and  obtain  another. 

§  21.    Requirements  of  ballot. 

(15)  All  ballots  printed  shall  be  precisely  on  the  same 
size,  quality,  tint  of  paper,  kind  of  type,  and  color  of  ink,  so 
that  without  the  number  it  would  be  impossible  to  distinguish 
one  ballot  from  another;  and  the  names  of  all  candidates 
printed  upon  the  ballot  shall  be  in  type  of  the  same  size  and 
style.  A  column  may  be  provided  on  the  right  hand  side  for 
charter  amendments  or  other  questions  to  be  voted  upon  at 
the  municipal  elections,  as  provided  for  under  this  Charter. 
The  names  of  the  candidates  for  each  office  shall  be  arranged 
in  alphabetical  order,  and  nothing  on  the  ballot  shall  be  in- 
dicative of  the  source  of  the  candidacy  or  of  the  support  of 
any  candidate. 

§  22.    Every  nominee  to  be  on  ballot. 

(16)  The  name  of  no  candidate  who  has  been  duly  and 
regularly  nominated,  and  who  has  not  withdrawn  his  name 
as  herein  provided,  shall  be  omitted  from  the  ballot. 

§  23.    Arrangement  of  offices  on  ballot. 

(17)  The  offices  to  be  filled  shall  be  arranged  in  separate 
columns  in  the  following  order: 

"For  Mayor  (if  any)  vote  for  one." 

"For  Auditor  (if  any)  vote  for  one." 

"For  Councilman  (if  any)  vote  for  (giving  number)." 

"For  School  Directors  (if  any)  vote  for  (giving  number)." 

§  24.    Space  for  voting  cross. 

(18)  Half-inch  square  shall  be  provided  at  the  right  of 
the  name  of  each  candidate  wherein  to  mark  the  cross. 


12  Charter  op  the  Cfty  op  Berkeley 

§  25.     Blank  spaces  for  additional  candidates. 

(19)  Half-inch  spaces  shall  be  left  below  the  printed 
names  of  candidates  for  each  office  equal  in  number  to  the 
number  to  be  voted  for,  wherein  the  voter  may  write  the 
name  of  any  person  or  persons  for  whom  he  may  wish  to 
vote. 

§  26.    Sample  ballots. 

(20)  The  Clerk  shall  cause  to  be  printed  sample  ballots 
identical  with  the  ballot  to  be  used  at  the  election  and  shall 
furnish  copies  of  the  same  on  application  to  registered 
voters  at  his  office  at  least  five  days  before  the  date  fixed  for 
such  election,  and  shall  mail  one  such  ballot  to  each  voter 
entitled  to  vote  at  such  election,  so  that  all  of  said  sample 
ballots  shall  have  been  mailed  at  least  three  whole  days  be- 
fore said  election. 

§  27.    Vote  necessary  for  election. 

(21)  In  case  there  is  but  one  person  to  be  elected  to  an 
office,  the  candidate  receiving  a  majority  of  the  votes  cast 
for  all  the  candidates  for  that  office  shall  be  declared  elected ; 
in  case  there  are  two  or  more  persons  to  be  elected  to  an 
office,  as  that  of  Councilman  or  School  Director,  then  those 
candidates  equal  in  number  to  the  number  to  be  elected,  who 
receive  the  highest  number  of  votes  for  such  office  shall  be 
declared  elected ;  provided,  however,  that  no  person  shall  be 
declared  elected  to  any  office  at  such  first  election  unless 
the  number  of  votes  received  by  him  shall  be  greater  than 
one-half  the  number  of  ballots  cast  at  such  election. 

§  28.    Second  Election. 

(22)  If  at  any  election  held  as  above  provided  there  be 
any  office  to  which  the  required  number  of  persons  was  not 
elected,  then  as  to  such  office  the  said  first  election  shall  be 
considered  to  have  been  a  primary  election  for  the  nomina- 
tion of  candidates,  and  a  second  election  shall  be  held  to  fill 
said  office.  The  candidates  not  elected  at  such  first  election, 
<'(|ual  in  number  to  twice  the  number  to  be  elected  to  any 
given  office,  or  less  if  so  there  be,  who  receive  the  highest 
THiinhcr  of  votes  for  tlie  respective  offices  at  such  first  elec- 
tion, shall  be  the  only  candidates  at  such  second  election, 
provich'd.  that  if  there  be  any  person  who,  under  the  provis- 
ions of  this  subdivision,  would  have  been  entitled  to  become 


Charter  op  the  City  of  Berkeley  13 

a  candidate  for  any  office  except  for  the  fact  that  some  other 
candidate  received  an  equal  number  of  votes  therefor,  then 
all  such  persons  receiving  such  equal  number  of  votes  shall 
likewise  become  candidates  for  such  office. 

The  candidates  equal  in  number  to  the  persons  to  be  elected 
who  shall  receive  the  highest  number  of  votes  at  such  second 
election  shall  be  declared  elected  to  such  office. 

§  29.    Date  of  second  election. 

(23)  The  said  second  election,  if  necessary  to  be  held, 
shall  be  held  three  weeks  after  the  first  election. 

§  30.    Rules  governing  second  election. 

(24)  All  the  provisions  and  conditions  above  set  forth 
as  to  the  conduct  of  an  election,  so  far  as  they  may  be  ap- 
plicable, shall  govern  the  second  election,  except  that  notice 
of  election  need  be  published  twice  only,  and  provided  also 
that  the  same  precincts  and  polling  places  shall,  if  possible, 
be  used. 

§  31.    Failure  of  person  elected  to  qualify. 

(25)  If  a  person  elected  fails  to  qualify,  the  office  shall  be 
filled  as  if  there  were  a  vacancy  in  such  office,  as  hereinafter 
provided. 

§  32.    Informalities  in  election. 

(26)  No  informalities  in  conducting  municipal  elections 
shall  invalidate  the  same,  if  they  have  been  conducted  fairly 
and  in  substantial  conformity  to  the  requirements  of  this 
Charter. 

§  33.    General  election  regulations. 

Sec.  6.  (1)  The  provisions  of  the  State  law  relating  to 
the  qualifications  of  electors,  the  manner  of  voting,  the  duties 
of  election  officers,  the  canvassing  of  returns,  and  all  other 
particulars  in  respect  to  the  management  of  elections,  so  far 
as  they  may  be  applicable,  shall  govern  all  municipal  elec- 
tions, provided  that  the  Council  shall  meet  as  a  canvassing 
board  and  duly  canvass  the  election  returns  within  four  days 
after  any  municipal  election, 

§  34.    Voting  machines. 

(2)  In  case  voting  machines  shall  be  used  at  municipal 
elections,  the  Council  shall  have  power,  by  ordinance,  to 


14  Charter  ob'  the  City  of  Berkeley 

modif}'  the  provisions  of  Section  5  so  far  as  may  be  necessary 
to  adapt  them  to  the  use  of  voting  machines. 

ARTICLE  IV. 

EECALL  OF  ELECTIVE  OFFICERS. 

§  35.     Applies  to  all  elective  officers. 

Sec.  7.  (1)  Every  incumbent  of  an  elective  office, 
whether  elected  by  popular  vote  or  appointed  to  fill  a 
vacancy,  is  subject  to  recall  by  the  voters  of  the  City.  The 
procedure  to  effect  such  removal  from  office  shall  be  as  fol- 
lows : 

§  36.    Petition  for  recall. 

(2)  A  petition  signed  by  qualified  electors  equal  in  num- 
ber to  twenty  per  centum  of  the  entire  vote  cast  for  Mayor 
at  the  last  preceding  general  municipal  election  at  which  a 
Mayor  was  elected,  demanding  an  election  of  a  successor  of 
the  officer  sought  to  be  removed,  shall  be  addressed  to  the 
Council  and  presented  to  the  City  Clerk.  The  petition  may 
request  such  election  to  be  held  at  a  special  municipal  elec- 
tion or  at  the  next  general  municipal  election.  The  petition 
must  contain  a  statement  of  the  reasons  for  the  demand. 

§  37.     Provisions  of  Section  5  apply. 

(3)  The  provisions  of  Section  5  respecting  the  forms  and 
conditions  of  the  petition  and  the  mode  of  verification  and 
certification  and  filing  shall  be  substantially  followed,  with 
such  modifications  as  the  nature  of  the  case  requires. 

§  38.     Election  under  recall  petition. 

(4)  If  the  officer  sought  to  be  removed  shall  not  resign 
within  five  days  after  the  petition  is  filed  by  the  City  Clerk, 
and  if  the  petition  requests  a  special  election,  the  Council 
shall  cause  a  special  election  to  be  held  within  forty-five 
days  to  determine  whether  the  people  will  recall  said  officer, 
or.  if  a  general  municipal  election  is  to  occur  within  sixty 
days,  the  Council  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  municipal  election. 

§  39.    Grounds  of  recall.    Officer's  justification. 

(5)  In  the  published  call  for  the  election  there  shall  be 
printed  in  not  more  than  two  hundred  words  the  reasons  for 
demanding  the  recall  of  the  officer  as  set  forth  in  the  Recall 


Charter  op  the  City  of  Berkei^y  15 

petition,  and  in  not  more  than  two  hundred  words  the  officer 
may  justify  his  course  in  office. 

§  40.    Candidates.    Election. 

(6)  The  officer  sought  to  be  removed  shall  be  deemed  a 
candidate  and,  unless  he  resigns,  his  name  shall  be  printed 
on  the  ballot.  The  nomination  of  other  candidates  and  the 
election  shall  be  in  accordance  with  the  provisions  of 
Section  5. 

§  41.    Incumbent  removed. 

(7)  The  officer  sought  to  be  removed  shall,  if  he  do  not 
resign,  continue  to  perform  the  duties  of  his  office  until  the 
election,  and,  if  he  fail  of  election,  he  shall  be  deemed  re- 
moved from  office. 

§  42.    No  recall  petition  for  first  three  months. 

(8)  No  recall  petition  shall  be  filed  against  any  officer 
until  he  has  actually  held  his  office  for  at  least  three  months. 

§  43.    Incapacity  of  recalled  official. 

(9)  No  person  who  has  been  recalled  from  an  elective 
office,  or  who  has  resigned  from  such  office  while  recall  pro- 
ceedings were  pending  against  him,  shall  be  appointed  to 
any  office  within  one  year  after  such  recall  or  resignation, 

§  44.    Further  regulations. 

(10)  The  Council  may  by  ordinance  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  provisions 
of  this  section,  and  to  adapt  the  provisions  of  Section  5 
thereto. 

ARTICLE  V. 
ELECTIVE   OFFICERS. 

§  45.    The  Elective  Officers. 

Sec.  8.  The  elective  officers  of  the  City  shall  be  a  Mayor, 
an  Auditor,  four  Councilmen,  and  four  School  Directors. 

The  Council  shall  consist  of  the  Mayor  and  four  Council- 
men,  each  of  whom,  including  the  Mayor,  shall  have  the 
right  to  vote  on  all  questions  coming  before  the  Council. 

The  Board  of  Education  shall  consist  of  four  School  Direc- 
tors and  the  Councilman  appointed  to  be  Commissioner  of 
Finance  and  Revenue,  each  of  whom,  including  said  Com- 
missioner, shall  have  the  right  to  vote  on  all  questions  com- 
ing before  the  Board. 


16  Charter  of  the  City  of  Berkeley 

§  46.     Elected  at  large. 

Sec.  9.  The  Mayor,  Auditor,  Coimeilmen  and  School  Di- 
rectors shall  be  elected  at  the  general  municipal  election  on 
a  general  ticket  from  the  City  at  large. 

§  47.     Eligibility  of  Mayor,  Auditor,  and  Councilmen. 

Sec.  10.  To  be  eligible  for  the  office  of  Mayor,  -Auditor, 
*or  Councilman,  a  person,  must  be  a  citizen  of  the  United 
States  and  a  qualified  elector  of  the  State  of  California  and 
of  the  City  of  Berkeley. 

§  48.    Eligibility  of  School  Directors. 

Sec.  11.  To  be  eligible  for  the  office  of  School  Director,  a 
person  must  be  a  citizen  of  the  United  States  of  the  age  of 
twenty-one  years  and  a  resident  of  the  City  of  Berkeley. 

§  49.    Vacancy  in  office  of  Mayor,  Auditor  or  Councilman. 

Sec.  12.  If  a  vacancy  shall  occur  in  the  office  of  i\Iayor, 
Auditor  or  Councilman,  the  Council  shall  appoint  a  person 
to  fill  such  vacancy.  If  at  any  municipal  election  held  under 
subdivision  22  of  Section  5  of  this  Charter  a  Mayor,  Auditor 
or  the  required  number  of  Councilmen  be  not  elected  by 
reason  of  a  tie  vote  among  any  of  the  candidates  therefor, 
then  the  Council  after  the  qualification  of  the  persons,  if 
any,  elected  thereto  at  such  election,  shall  appoint  one  of  the 
persons,  receiving  such  tie  vote  to  fill  such  office  as  in  the 
case  of  a  vacancy  therein.  In  each  case  the  person  so  ap- 
pointed shall  hold  office,  subject  to  the  provisions  of  the 
Recall  until  the  next  general  municipal  election. 

§  50.    Vacancy  in  office  of  School  Director. 

Sec.  13.  If  a  vacancy  shall  occur  in  the  office  of  School 
Director,  the  Board  of  Education  shall  appoint  a  person  to 
fill  such  vacancy.  If  at  any  municipal  election  held  under 
subdivision  22  of  Section  5  of  this  Charter  a  School  Director 
be  not  elected  by  reason  of  a  tie  vote  among  any  of  the  can- 
didates therefor,  then  the  Board  of  Education  after  the  quali- 
fication of  the  persons,  if  any,  elected  thereto  at  such  election, 
shall  appoint  one  of  the  persons  receiving  such  tie  vote,  to 
fill  such  office  as  in  case  of  a  vacancy  therein.  In  each  case 
a  person  so  appointed  shall  hold  office,  subject  to  the  pro- 
visions of  the  Recall,  until  the  next  general  municipal  elec- 
tion. 


*  Erroneously   specifies   "Auditor   of    Councilman"    in    Act    approving 
Charter. 


Charter  of  the  City  of  Berkeley  17 

§  51.     Mayor's  and  Auditor's  term  of  office. 

Sec.  14.  The  Mayor  and  Auditor  shall  each  hold  office 
for  a  term  of  two  years  from  and  after  the  first  day  of  July 
after  his  election,  and  until  his  successor  is  elected  and 
qualified. 

§  52.    Gouncilmen's  term  of  office. 

Sec.  15.  The  Councilmen  shall  hold  office  for  a  term  of 
four  years  from  and  after  the  first  day  of  July  after  their 
election  and  until  their  successors  are  elected  and  qualified. 
Provided,  that  the  Councilmen  first  elected  under  this  Char- 
ter shall,  at  their  first  meeting,  so  classify  themselves  by  lot 
that  two  of  them  shall  hold  office  for  two  years  and  two  of 
them  for  four  years. 

At  each  general  municipal  election  after  the  first  under  this 
Charter,  there  shall  be  elected  two  Councilmen. 

§  53.    School  Director's  term  of  office. 

Sec.  16.  The  School  Directors  shall  hold  office  for  a  term 
of  four  years  from  and  after  the  first  day  of  July  after  their 
election  and  until  their  successors  are  elected  and  qualified. 
Provided,  that  the  School  Directors  first  elected  under  this 
Charter  shall,  at  their  first  meeting,  so  classify  themselves 
by  lot  that  two  of  them  shall  hold  office  for  two  years  and 
two  of  them  for  four  years. 

At  each  general  municipal  election  after  the  first  under 
this  Charter  there  shall  be  elected  two  School  Directors. 

§  54.    Official  bonds. 

Sec.  17.  The  ]\Iayor,  Auditor,  each  Councilman  and  each 
School  Director  shall,  before  entering  upon  the  duties  of  his 
office,  give  and  execute  to  the  City  a  bond  with  a  surety 
company  as  sole  surety,  the  Mayor  and  Auditor  each,  in  the 
penal  sum  of  $10,000,  each  Councilman  in  the  penal  sum  of 
$5,000,  and  each  School  Director  in  the  penal  sum  of  $2,500. 

Every  bond  shall  contain  the  condition  that  the  principal 
will  well,  tnily,  honestly  and  faithfully  perform  the  duties 
of  his  office.  The  bonds  of  the  Mayor  must  be  approved  by 
the  Council  and  the  bonds  of  the  Auditor  and  the  several 
Councilmen  and  School  Directors  must  be  approved  by  the 
Mayor. 

The  Council  shall  fix  the  amount  of  bonds  and  the  methods 
of  their  approval  to  be  required  of  appointive  officers. 


18  Charter  of  the  City  of  Berkeley 

The  approval  of  the  official  bonds  must  be  endorsed  there- 
on and  signed  by  the  officer  or  officers  approving  the  same. 
All  bonds,  when  approved,  shall  be  filed  with  the  City  Clerk. 
All  the  provisions  of  any  law  of  this  State,  relating  to  official 
bonds,  not  inconsistent  with  this  Charter,  shall  be  complied 
with. 

§  55.     Oath  of  office. 

Sec.  18.  Every  officer  of  the  City,  before  entering  upon 
the  duties  of  his  office,  shall  take  the  oath  of  office  as  pro- 
vided for  in  the  Constitution  of  this  State,  and  shall  file  the 
same  with  the  City  Clerk. 

§  56.    Salaries. 

Sec.  19.  The  Mayor  shall  receive  an  annual  salary  of 
$2,400,  payable  in  equal  monthly  installments. 

The  Auditor  shall  receive  an  annual  salary  of  $1,800,  pay- 
able in  equal  monthly  installments. 

Each  Councilman  shall  receive  an  annual  salary  of  $1,800, 
payable  in  equal  monthly  installments. 

Each  School  Director  shall  receive  five  dollars  for  each 
regular  meeting  of  the  Board  of  Education  which  he  shall 
attend,  provided  that  he  shall  not  receive  more  than  $15  in 
any  one  month. 

§  57.    Administering  oaths.    Subpoenas. 

Sec.  20.  Every  elective  officer,  every  chief  official  and 
every  member  of  any  board  or  commission  provided  for  in 
this  Charter  shall  have  the  power  to  administer  oaths  and 
affirmations,  and  every  such  officer,  board  or  commission 
shall  have  the  power  to  issue  subpoenas,  to  compel  by  sub- 
poena the  production  of  books,  papers  and  documents,  and 
to  take  and  hear  testimony  concerning  any  matter  or  thing 
pending  before  such  officer,  board  or  commission.  If  any 
person  so  subpoenaed  neglect  or  refuse  to  appear,  or  to  pro- 
duce any  book,  paper  or  document  as  required  by  such  sub- 
pa'na,  or  shall  refuse  to  testify  before  any  such  officer,  board 
or  commission  or  to  answer  any  question  which  any  officer, 
or  a  majority  of  such  board  or  commission  shall  decide  to  be 
proper  and  pertinent,  he  shall  be  deemed  in  contempt,  and 
any  such  officer,  board  or  commission  shall  have  power  to 
take  the  proceedings  in  that  behalf  provi<led  by  the  general 


Charter  of  the  City  of  Berkeley  19 

IciAvs  of  this  State.  The  Chief  of  Police  must,  on  request  of 
such  officer,  or  of  any  member  of  such  board  or  commission, 
detail  a  police  officer  or  police  officers  to  serve  such  sub- 
poena. 

ARTICLE  VI. 

THE  MAYOR. 

§  58.    The  chief  executive. 

Sec.  21.  The  Mayor  shall  be  the  chief  executive  officer  of 
the  City  and  shall  see  that  all  the  ordinances  thereof  are  duly 
enforced.  He  shall  be  charged  with  the  general  oversight 
of  the  several  departments  of  the  municipal  government.  He 
shall  see  that  all  contracts  made  with  the  City  are  faithfully 
performed. 

§  59.    Mayor  pro  tempore. 

Sec.  22.  During  the  temporary  absence  or  disability  of 
the  Mayor,  the  Vice-President  of  the  Council  shall  act  as 
^layor  pro  tempore.  In  case  of  the  temporary  absence  or 
disability  of  both  the  Mayor  and  Vice-President,  the  Council 
shall  elect  one  of  its  members  to  be  Mayor  pro  tempore.  In 
case  of  vacancy  in  the  office  of  the  Mayor,  the  Vice-President 
of  the  Council  shall  act  as  Mayor  until  such  vacancy  can  be 
filled  as  provided  in  this  Charter. 

§  60.    Mayor's  reports. 

Sec.  23.  The  Mayor  shall  annually  and  from  time  to  time 
give  the  Council  information  relative  to  the  affairs  of  the 
City  and  recommend  to  its  consideration  such  matters  as  he 
may  deem  expedient. 

§  61.    Mayor  to  have  City's  books  examined. 

See.  24.  The  Mayor  shall  employ,  for  a  stipulated  com- 
pensation, at  the  beginning  of  each  fiscal  year,  a  certified 
public  accountant,  who  shall  examine,  at  least  twice  each 
year,  the  books,  records  and  reports  of  the  Auditor  and  of  all 
officers  and  employees  who  receive  or  disburse  City  moneys, 
and  the  books,  records  and  reports  of  such  other  officers  and 
departments  as  the  Mayor  may  direct  and  make  triplicate 
reports  thereof,  and  present  one  each  to  the  Mayor  and 
Auditor,  and  file  one  with  the  City  Clerk.  Such  accountant 
shall  have  unlimited  privilege  of  investigation,  to  examine 
under  oath  or  otherwise  all  officers,  clerks  and  employees  of 
the  City,  and  every  such  officer,  clerk  and  employee  shall  give 


20  Charter  of  the  City  of  Berkeley 

all  required  assistance  and  information  to  such  aeeonntant, 
and  submit  to  him  for  examination  such  books  and  papers  of 
his  office  as  may  be  requested,  and  failure  to  do  so  shall  be 
deemed  and  held  to  be  a  forfeiture  and  abandonment  of  his 
office.  The  Council  shall  provide  for  the  payment  of  the 
services  of  such  accountant. 
§  62.     Supervision  of  public  utility  companies. 

Sec.  25.  The  Mayor  shall  be  charged  with  the  general 
supervision  of  all  public  utility  companies  in  so  far  as  they 
are  subject  to  municipal  control ;  he  shall  keep  himself  fully 
informed  as  to  their  compliance  in  all  respects  with  the  law, 
and  he  shall  see  that  all  franchises  granted  by  the  City  are 
faithfully  observed. 

The  Mayor  shall  cause  to  be  instituted  such  actions  or  pro- 
ceedings as  may  be  necessary  to  prosecute  public  utility 
companies  for  violations  of  law.  and  to  revoke,  cancel  or 
annul  all  franchises  that  may  have  been  granted  by  the  City 
to  any  person,  firm  or  corporation  which  have  become  forfeit- 
able in  whole  or  in  part  or  which  for  any  reason  are  illegal 
and  void  and  not  binding  upon  the  City.  The  City  Attorney, 
on  demand  of  the  Mayor,  must  institute  and  prosecute  the 
necessary  actions  to  enforce  the  provisions  of  this  section. 
§  63.    Powers  and  duties  prescribed  by  ordinance. 

Sec.  26.  The  Mayor  shall  exercise  such  other  powers  and 
perform  such  other  duties  as  may  be  prescribed  by  law  and 
ordinance. 

ARTICLE  VII. 

EXECUTIVE    AND   ADMIlSnSTRATIVE    DEPARTMENTS. 

§  64.    The  four  municipal  departments. 

Sec.  27.  The  executive  and  administrative  powers,  author- 
ity and  duties  of  the  City,  not  otherwise  provided  for,  shall 
be  distributed  among  and  assigned  to  four  departments,  as 
follows : 

1.  Department  of  Finance  and  Revenue. 

2.  Department  of  Public  Health  and  Safety. 

3.  Department  of  Public  Works. 

4.  Department  of  Public  Supplies. 

§  65.     Council  to  assign  duties  to  the  departments. 

Sec.  28.  The  Council  shall  determine  and  assign  the 
duties  of  the  several  departments,  subject  to  the  provisions 


Charter  op  the  City  of  Berkei^y  21 

of  the  preceding  section ;  shall  prescribe  the  powers  and 
duties  of  officers  and  employees;  may  assign  particular  offi- 
cers and  employees  to  one  or  more  of  the  departments;  may 
require  an  officer  or  employee  to  perform  duties  in  two  or 
more  departments,  and  may  make  such  other  rules  and  regu- 
lations as  may  be  necessary  or  proper  for  the  efficient  and 
economical  conduct  of  the  business  of  the  City. 

§  66.    The  four  Commissioners. 

Sec.  29.  The  Council  at  its  first  regular  meeting  after  the 
election  of  its  members,  shall  designate  by  majority  vote  one 
Councilman  to  be  Commissioner  of  Finance  and  Revenue,  one 
to  be  Commissioner  of  Public  Health  and  Safety,  one  to  be 
Commissioner  of  Public  Works  and  one  to  be  Commissioner 
of  Public  Supplies.  If  the  Council  is  unable  to  agree,  the 
Mayor  shall  have  authority  to  make  such  designation.  The 
Council  may  change  such  designation,  by  ordinance  or  by 
resolution  published  for  two  days,  whenever  it  determines 
that  the  public  service  will  be  benefited  thereby. 

§  67.    The  chief  officials. 

Sec.  30.  The  chief  officials  of  the  City  shall  be  City  Clerk, 
Assessor.  Treasurer,  Collector,  Attorney,  Engineer.  Chief  of 
Police,  Fire  Chief,  Street  Superintendent.  Health  Officer  and 
five  Library  Trustees.  They  shall  be  appointed  and  may  be 
removed  by  a  majority  vote  of  the  Council.  The  Council,  at 
any  time  when  in  its  judgment  the  interests  of  the  City  so 
demand,  may  consolidate  and  place  in  charge  of  one  such 
officer  the  functions  and  duties  of  two  or  more  of  such 
officers.  The  Council  shall  by  ordinance  prescribe  the  duties 
of  all  the  chief  officials. 

The  Council  shall  at  the  first  regular  meeting  after  the 
election  of  its  members,  or  as  soon  thereafter  as  practicable, 
proceed  to  the  appointment  of  the  chief  officials  of  the  City 
and  tlie  determination  of  their  duties  as  provided  in  this 
section. 

§  68.     Subordinate  officers  and  employees. 

See.  31.  The  Council  .shall  have  power  by  ordinance  to 
create  and  di.scontinue  offices,  deputyships,  assistantships  and 
employments  other  than  those  prescribed  in  this  Charter,  to 
provide  the  modes  of  filling  them,  to  prescribe  the  duties 
pertaining  thereto,  according  to  its  judgment  of  the  needs 


22  Charter  of  the  City  op  Berkeley 

of  the  City,  and  to  determine  the  mode  of  removing  any  such 
officer,  deputy,  assistant  or  employee,  except  as  otherwise 
provided  in  this  Charter. 

§  69.    Compensation  of  officers  and  employees. 

Sec.  32.  The  compensation  of  all  City  officers  provided 
for  by  Section  30  of  this  Charter,  except  Library  Trustees, 
who  shall  receive  no  remuneration,  shall  be  by  salary  to  be 
fixed  by  the  Council.  The  Council  shall  also  fix  the  com- 
pensation of  all  other  officers  and  employees  of  the  City, 
except  as  in  this  Charter  otherwise  provided.  No  officer  or 
employee  shall  be  allowed  any  fees,  perquisities,  emoluments, 
rewards  or  compensation,  aside  from  the  salary  or  compensa- 
tion as  fixed  by  the  Council,  but  all  fees  received  by  him  in 
connection  with  his  official  duties  shall  be  paid  by  him  into 
the  City  treasury. 

§  70.     Reports  of  departments. 

See.  33.  Each  department  and  commission  shall  annually 
on  such  date  as  may  be  fixed  by  the  Council,  render  to  the 
Mayor  a  full  report  of  all  the  operations  of  such  department 
or  commission  for  the  year. 

§  71.     Reports  to  be  published. 

Sec.  34.  The  Council  shall  provide  for  the  publication  of 
the  annual  reports  of  the  Mayor  and  of  the  several  depart- 
ments and  commissions. 

§  72.     Councilman  to  hold  no  other  office. 

Sec.  35.  No  member  of  the  Council,  except  the  commis- 
sioner of  Finance  and  Revenue,  who  shall  be  ex-officio  a 
member  of  the  Board  of  Education,  shall  hold  any  other 
municipal  office  or  hold  any  office  or  employment  the  com- 
pensation of  which  is  paid  out  of  the  municipal  moneys;  or 
be  elected  or  appointed  to  any  office  created  or  the  compen- 
sation of  which  is  increased  by  the  Council  while  he  was  a 
member  thereof,  until  one  year  after  the  expiration  of  the 
term  for  which  he  was  elected. 

§  73.  Officers  not  to  be  interested  in  contracts  or  franchises. 
Sec.  36.  No  officer  or  employee  shall  be  directly  or  indi- 
rectly interested  in  any  contract,  work  or  business  of  the 
City,  or  in  the  sale  of  any  article,  the  expense,  price  or  con- 
si<ler;iti<)n  of  which  is  |)ai(l  for  from  the  treasury  or  by  as- 


Charter  of  the  City  of  Berkeley  23 

sessment  levied  by  any  act  or  ordinance ;  nor  in  the  purchase 
or  lease  of  any  real  estate  or  other  property  belonging  to  the 
City  or  which  shall  be  sold  for  taxes  or  assessments  or  by 
virtue  of  legal  process  at  the  suit  of  the  City.  No  officer 
shall  be  in  the  employ  of  any  public  service  corporation  in  the 
City  or  of  any  person  having  any  contract  with  the  City  or 
of  any  grantee  of  a  franchise  granted  by  the  City. 

Any  contract  or  agreement  made  in  contravention  of  this 
section  shall  be  void. 

Any  violation  of  the  provisions  of  this  section  shall  be 
deemed  a  misdemeanor. 

The  Council  shall  enforce  the  provisions  of  this  section  by 
appropriate  legislation. 

§  74.    Political  and  religious  tests. 

Sec.  37.  No  appointment  to  position  under  the  City  gov- 
ernment shall  be  made  or  be  withheld  by  reason  of  any  re- 
ligious or  political  opinions  or  affiliations  or  political  services, 
and  no  appointment  to  or  selection  for  or  removal  from  any 
office  or  employment,  and  no  transfer,  promotion,  reduction, 
reward  or  punishment  shall  be  in  any  manner  effected  by 
such  opinions,  affiliations  or  services. 

ARTICLE  VIII. 

THE  COUNCIL. 

§  75.    The  Council,  the  governing  body. 

Sec.  38.  The  Council  shall  be  the  governing  body  of  the 
municipality.  It  shall  exercise  the  corporate  powers  of  the 
City,  and,  subject  to  the  express  limitations  of  this  Charter, 
shall  be  vested  with  all  powers  of  legislation  in  municipal 
affairs  adequate  to  a  complete  system  of  local  government 
consistent  with  the  Constitution  of  the  State. 

§  76.    President  and  Vice-President. 

Sec.  39.  The  flavor  shall  be  President  of  the  Council  and 
shall  preside  at  its  meetings  when  present.  The  Council  shall 
elect  one  of  its  number  to  be  Vice-President. 

§  77.    Meetings  of  Council. 

Sec.  40.  Tlie  Council  shall  provide  for  the  time  and  place 
of  holding  its  meetings  and  the  manner  in  which  its  special 
meetings  may  be  called. 


24  Charter  of  the  City  op  Berkeley 

§  78,    Meetings  to  be  public. 

Sec.  41.  All  legislative  sessions  of  the  Council,  whether 
regular  or  special,  shall  be  open  to  the  public. 

§  79.     Quorum. 

Sec.  42.  A  majority  of  the  members  of  the  Council  shall 
constitute  a  quorum  for  the  transaction  of  business. 

§  80.     Rules  of  proceeding. 

Sec.  43.  The  Council  shall  establish  rules  for  its  proceed- 
ings. 

§  81.     Ordinances  and  resolutions. 

Sec.  44.  (1)  The  Council  shall  act  only  by  ordinance  or 
resolution. 

§  82.    Ayes  and  noes. 

(2)  The  ayes  and  noes  shall  be  taken  upon  the  passage  of 
all  ordinances  and  resolutions  and  entered  upon  the  journal 
of  the  proceedings  of  the  Council. 

§  83.     Majority  vote  of  Council. 

(3)  No  ordinance  or  resolution  shall  be  passed  or  become 
effective  without  receiving  the  affirmative  votes  of  at  least 
three  members  of  the  Council. 

§  84.    Subject  and  title. 

(4)  Every  ordinance  or  resolution,  except  an  ordinance 
making  appropriations,  shall  be  confined  to  one  subject,  which 
shall  be  clearly  expressed  in  the  title,  and  every  ordinance 
making  appropriations  shall  be  confined  to  the  subject  of 
appropriations.  If  any  subject  shall  be  embraced  in  an 
ordinance  which  shall  not  be  expressed  in  its  title,  such 
ordinance  shall  be  void  only  as  to  so  much  thereof  as  shall 
not  be  expressed  in  its  title. 

§  85.     Enacting  clause  of  ordinances. 

(5)  The  enacting  clause  of  all  ordinances  passed  by  the 
Council  shall  be  in  these  words:  "Be  it  ordained  by  the 
Council  of  the  City  of  Berkeley  as  follows:" 

§  86.     Requirements  of  an  ordinance. 

(6)  To  constitute  an  ordinance  a  bill  must  before  final 
action  thereon  be  passed  to  print  and  published  with  the 
fives  and  noes  for  two  days,  and,  in  ease  of  any  amendment 
lieing  made  thereto  before  the  final  adoption  of  the  ordinance, 


Charter  of  the  City  of  Berkeley  25 

must  in  like  manner  be  republished  as  amended  for  not  less 
than  one  day. 

§  87.    Ordinances  required  in  certain  cases. 

(7)  No  action  providing  for  any  specific  improvements 
or  the  appropriation  or  expenditure  of  any  public  money, 
except  sums  less  than  five  hundred  dollars ;  for  the  appropri- 
ation, acquisition,  sale  or  lease  of  public  property;  for  the 
levying  of  any  tax  or  assessment;  for  the  granting  of  any 
franchise;  for  establishing  or  changing  fire  limits,  or  for 
the  imposing  of  any  penalty,  shall  be  taken  except  by  ordi- 
nance; provided,  that  such  exceptions  be  observed  as  may 
be  called  for  in  cases  where  the  Council  takes  action  in  pur- 
suance of  a  general  law  of  the  State. 

§  88.    Reconsideration. 

(8)  When  any  bill  is  put  upon  its  final  passage  and  fails 
to  pass,  and  a  motion  is  made  to  reconsider,  the  vote  upon 
such  motion  shall  not  be  taken  except  at  a  meeting  of  the 
Council  held  not  less  than  one  week  after  the  meeting  at 
which  such  motion  was  made. 

§  89.    Signing  and  attesting. 

(9)  All  resolutions  and  ordinances  shall  be  signed  by 
the  Mayor  and  attested  by  the  City  Clerk. 

§  90.    Revision  and  amendment. 

(10)  No  ordinance  shall  be  revised,  re-enacted  or  amend- 
ed by  reference  to  its  title  only;  but  the  ordinance  to  be 
revised  or  re-enacted,  or  the  section  or  sections  thereof  to 
be  amended,  or  the  new  section  or  sections  to  be  added 
thereto,  shall  be  set  forth  and  adopted  in  the  method  pro- 
vided in  this  section  for  the  adoption  of  ordinances. 

§  91.    Repeal. 

(11)  No  ordinance  nor  section  thereof  shall  be  repealed 
except  by  ordinance  adopted  in  the  manner  provided  in  this 
section. 

§  92.     Ordinances  granting  franchises. 

(12)  No  bill  for  the  grant  of  any  franchise  shall  be  put 
upon  its  final  pa.ssage  within  thirty  days  after  its  introduc- 
tion, and  no  franchise  shall  be  renewed  before  one  year 
prior  to  its  expiration. 


26  Charter  of  the  City  op  Berkeley 

§  93.     Record  of  City  ordinances. 

(13)  A  true  and  correct  copy  of  all  ordinances  shall  be 
kept  and  certified  to  by  the  City  Clerk  in  a  book  marked 
"City  Ordinances."  Such  record  copy,  with  such  certificate, 
or  the  original  ordinance,  shall  be  prima  facie  evidence  of 
the  contents  of  the  ordinance  and  of  the  due  passage  and 
publication  of  the  same,  and  shall  be  admissible  as  such  in 
any  court  or  proceeding.  Such  records  shall  not  be  filed  in 
any  case,  but  shall  be  returned  to  the  custody  of  the  City 
Clerk.  Nothing  herein  contained  shall  be  construed  to 
prevent  the  proof  of  the  passage  and  publication  of  an 
ordinance  in  the  usual  way. 

§  94.    Protection  of  absent  commissioner. 

Sec.  45.  No  final  action  shall  be  taken  in  any  matter  con- 
cerning the  special  department  of  any  absent  Councilman 
unless  such  business  has  been  made  a  special  order  of  the 
day  by  action  at  a  previous  meeting  of  the  Council,  or  such 
action  is  taken  at  a  regular  meeting  of  the  Council. 

§  95.     Publication  of  Charter  and  ordinances. 

See.  46.  The  Council,  during  the  first  year  after  its 
organization  under  this  Charter  and  from  time  to  time 
thereafter,  shall  cause  all  ordinances  at  such  time  in  force 
to  be  classified  under  appropriate  heads,  and,  together  with 
or  separately  from  the  Charter  of  the  City  and  such  pro- 
visions of  the  Constitution  and  laws  of  the  State  as  the 
Council  may  deem  expedient,  to  be  published  in  book  form. 

ARTICLE    IX. 

POWERS  OF  THE   CITY   AND   OF  THE   COUNCIL. 

§  96.     General  powers  of  the  City. 

Sec.  47.  Without  denial  or  disparagement  of  other  powers 
held  under  the  Constitution  and  laws  of  the  State,  the  City 
of  Berkeley  shall  have  the  right  and  power: 

§  97.    Public  buildings,  works  and  institutions. 

(1)  To  acquire  by  purchase,  condemnation  or  otherwise, 
and  to  establish,  maintain,  equip,  own  and  operate  libraries, 
reading  rooms,  art  galleries,  museums,  schools,  kindergar- 
tens, parks,  playgrounds,  places  of  recreation,  fountains, 
baths,  public  toilets,  markets,  market  houses,  abattoirs,  dis- 


Charter  of  the  City  of  Berkeley  27 

pensaries,  infirmaries,  hospitals,  charitable  institutions,  jails, 
houses  of  correction  and  farm  schools,  work  houses,  detention 
homes,  morgues,  cemeteries,  crematories,  garbage  collection 
and  garbage  disposal  and  reduction  works,  street  cleaning 
and  sprinkling  plants,  quarries,  wharves,  docks,  waterways, 
canals,  and  all  other  public  buildings,  places,  works  and 
institutions. 

§  98.    Water,  light,  heat  and  power. 

(2)  To  acquire  by  purchase,  condemnation  or  otherwise, 
and  to  establish,  maintain,  equip,  own  and  operate  water- 
works, gas  works,  electric  light,  heat  and  power  works, 
within  or  without  the  City,  and  to  supply  the  City  and  its 
inhabitants  and  also  persons,  firms  and  corporations  outside 
the  City,  with  water,  gas  and  electricity. 

§  99.    Telephone,  telegraph  and  transportation. 

(3)  To  acquire  by  purchase,  condemnation  or  otherwise, 
and  to  establish,  maintain,  equip,  own  and  operate  telephone 
and  telegraph  systems,  cable,  electric  or  other  railways, 
ferries  and  transportation  service  of  any  kind. 

§  100.    Sale  of  products  of  public  utilities. 

(4)  To  sell  gas,  water,  electric  current  and  all  products 
of  any  public  utility  operated  by  the  City. 

§  101.    Land  for  public  purposes. 

(5)  To  acquire  by  purchase,  condemnation  or  otherwise, 
within  or  without  the  City,  such  lands  or  other  property  as 
may  be  necessary  for  the  establishment,  maintenance  and 
operation  of  any  public  utility  or  to  provide  for  and  effectu- 
ate any  other  public  purpose;  and  to  sell,  convey,  encumber 
and  dispose  of  the  same  for  the  common  benefit. 

§  102.    Lease  of  public  utilities. 

(6)  To  lease  to  corporations  or  individuals  for  the  pur- 
pose of  maintenance  and  operation  any  public  utility  owned 
by  the  City. 

§  103.     Bequests  and  donations. 

(7)  To  receive  becjuests.  gifts  and  donations  of  all  kinds 
of  property,  in  fee  simple,  or  in  trust  for  charitable  and  other 
purposes,  and  do  all  acts  necessary  to  carry  out  the  pur- 
poses of  such  bequests,  gifts  and  donations,  with  power  to 
manage,  sell,  lease  or  otherwise  dispose  of  the  same  in  ac- 


28  Charter  op  the  City  of  Berkeley 

cordance  with  the  terms  of  the  bequest,  gift  or  trust,  or 
absolutely  in  case  such  bequest,  gift  or  trust  be  uncondi- 
tional. 

§  104.    Borrowing  money,  bonds. 

(8)  To  borrow  money  for  any  of  the  purposes  for  which 
the  City  is  authorized  to  provide  and  for  carrying  out  any 
of  the  powers  which  the  City  is  authorized  to  enjoy  and 
exercise  and  to  issue  bonds  therefor;  provided,  that  in  the 
procedure  for  the  creation  and  issuance  of  such  bonded  in- 
debtedness the  general  laws  of  the  State  of  California  in 
force  at  the  time  such  proceedings  are  taken  shall  be  ob- 
served and  followed. 

§  105.    Special  tax. 

(9)  To  raise  money  by  a  special  tax,  in  addition  to  the 
annual  tax  levy  provided  in  Section  57  of  this  Charter.  To 
authorize  such  special  tax,  the  provisions  of  Section  92  of 
Article  XIII  relating  to  the  Initiative,  or  of  Section  94  of 
Article  XIV  relating  to  the  Referendum,  shall  be  followed, 
and  the  levy  of  such  tax  must  be  approved  by  at  least  two- 
thirds  of  the  qualified  electors  who  vote  thereon.  At  such 
election  the  Council  may  be  authorized,  in  cases  where  pub- 
lic necessity  requires  the  expenditure  of  any  sum  so  voted 
before  the  next  succeeding  tax  levy,  to  borrow  such  sum  and 
provide  in  the  next  succeeding  tax  levy  for  its  repayment 
with  interest  at  not  exceeding  five  per  cent  per  annum.  Or 
the  Council  may  be  authorized  to  levy  a  special  tax  each 
year  for  a  period  of  years  not  exceeding  three  years  in  all, 
for  any  permanent  municipal  improvement,  and  the  money 
so  raised  may  be  expended  each  year  after  the  same  is  col- 
lected and  available. 

§  106.    Joint  ownership  of  water  supply. 

(10)  To  join  with  one  or  more  cities  incorporated  under 
the  Constitution  and  laws  of  the  State  in  order  to  acquire 
and  develop  jointly  a  source  or  sources  of  water  supply  for 
municipal  and  domestic  purposes  and  to  construct  the  works 
necessary  for  their  joint  and  several  purposes  and  needs,  and 
to  unite  with  such  cities  in  bond  issues  therefor. 

§  107.    Sue  and  defend. 

(11)  To  sue  and  defend  in  all  courts  and  places  and  in  all 
matters  and  proceedings. 


Charter  op  the  City  of  Berkeley  29 

§  108.    Direct  legislation  by  people. 

See.  48.  The  qualified  voters  of  the  City  shall  have 
power  through  the  initiative  and  otherwise,  as  provided  by 
this  Charter  and  the  general  laws  of  the  State,  to  enact 
appropriate  legislation  to  carry  out  and  enforce  any  of  the 
above  general  powers  of  the  City  or  any  of  the  specified 
powers  of  the  Council. 
§  109.     Powers  of  the  Council  enumerated. 

Sec.  49.     As  the  legislative  organ  of  the  City,  the  Council, 
subject  to  the  provisions  and  restrictions  of  this  Charter, 
shall  have  power: 
§  110.    Official  seal. 

(1)  To  provide  a  corporate  seal,  with  appropriate  device, 
to  be  affixed  to  all  instruments  or  writings  needing  authenti- 
cation. 

§  111.    Violation  of  Charter  and  ordinances, 

(2)  To  prescribe  fines,  forfeitures  and  penalties  for  the 
violation  of  any  provision  of  this  Charter  or  of  any  ordi- 
nance ;  but  no  penalty  shall  exceed  five  hundred  dollars  or 
six  months'  imprisonment,  or  both. 

§  112.    Nuisances. 

(3)  To  provide  for  the  summary  abatement  of  any  nui- 
sance at  the  expense  of  the  person  or  persons  creating, 
causing,  committing  or  maintaining  such  nuisance, 

§  113.    Rewards. 

(4)  To  offer  rewards  not  exceeding  two  hundred  and 
fifty  dollars  in  any  one  instance  for  the  apprehension  and 
conviction  of  any  person  who  may  have  committed  a  felony 
in  the  City,  and  to  authorize  the  payment  thereof. 

§  114.    Police  and  Fire  Departments. 

(5)  To  organize  and  maintain  police  and  fire  depart- 
ments, erect  the  necessary  buildings  and  own  all  implements 
and  apparatus  required  therefor. 

§  115.    Police  and  fire  alarm  systems. 

(6)  To  establish  and  maintain  a  fire  alarm  and  police 
telegraph  or  telephone  system,  and  manage  and  control  the 
same,  and  to  appoint  a  superintendent  thereof. 

§  116.    Explosives. 

(7)  To  regulate  or  prohibit  the  manufacture,  keeping, 
storage  and  use  of  powder,  dynamite,  guncotton,  nitrogly- 


30  Charter  of  the  City  of  Berkeley 

cerine,   fireworks   and   other   explosive   materials   and   sub- 
stances. 

§  117.     Inflammable  materials. 

(8)  To  regulate  the  storage  of  hay,  straw,  oil  and  other 
inflammable  and  combustible  materials. 

§  118.     Engines  and  boilers. 

(9)  To  regulate  the  use  of  steam  engines,  gas  engines, 
steam  boilers,  and  electric  motors,  and  to  prohibit  their  use 
in  such  localities  as  in  the  judgment  of  the  Council  would 
endanger  public  safety. 

§  119.    Fire  limits. 

(10)  To  prescribe  fire  limits  and  determine  the  character 
and  height  of  buildings  that  may  be  erected  therein  and  the 
nature  of  the  materials  to  be  used  in  the  construction,  alter- 
ation or  repair  of  such  buildings  or  in  the  repair  or  altera- 
tion of  existing  buildings  within  such  fire  limits. 

§  120.    Building  regulations. 

(11)  To  regulate  the  construction  of  and  the  materials*' 
used  in  all  buildings,  chimneys,  stacks  and  other  structures; 
to  prevent  the  erection  and  maintenance  of  insecure  or  un- 
safe buildings,  walls,  chimneys,  stacks  or  other  structures, 
and  to  provide  for  their  summary  abatement  or  destruction ; 
to  regulate  the  materials  used  in  and  the  method  of  con- 
struction of  foundations  and  foundation  walls,  the  manner 
of  construction  and  location  of  drains  and  sewers,  the  ma- 
terials used  in  wiring  buildings  or  other  structures  for  the 
use  of  electricity  for  lighting,  power,  heat  or  other  purposes, 
and  materials  used  for  piping  buildings  or  other  structures 
for  the  purpose  of  supplying  the  same  with  water  or  gas  and 
the  manner  of  so  doing;  to  prohibit  the  construction  of 
buildings  and  structures  which  do  not  conform  to  such 
regulations. 

§  121.     Fire  escapes. 

(12)  To  require  the  owners  and  lessees  of  buildings  or 
other  structures  to  place  upon  them  or  in  them  fire  escapes 
and  appliances  for  protection  against  fire  and  for  the  ex- 
tinguishment of  fires. 


*  "Material"'    appears   in    the    original   subdivision   as    published,    and 
"materials"  in  the  Act  of  the  Legislature,  as  approved  and  recorded. 


Charter  op  the  City  op  Berkeley  31 

§  122.    Precaution  against  fires. 

(13)  To  prevent  the  construction  and  to  cause  the  re- 
moval of  dangerous  chimneys,  fireplaces,  hearths,  stoves, 
stove  pipes,  ovens,  boilers,  apparatus  and  machinery  used  in 
any  building  in  the  City;  to  regulate  the  carrying  on  of 
manufactories  liable  to  cause  fire;  to  prevent  the  depositing 
of  ashes,  the  accumulation  of  shavings,  rubbish,  or  any  com- 
bustible material  in  unsafe  places,  and  to  make  provisions 
to  guard  against  fires. 

§  123.    Provisions  for  safety  in  theatres,  halls,  etc. 

(14)  To  regulate  the  size  and  construction  of  the  en- 
trances to  and  exits  from  all  theatres,  lecture  rooms,  halls, 
schools,  churches,  and  other  places  for  public  gathering  of 
every  kind  and  to  prevent  the  placing  of  seats,  chairs, 
benches  or  other  obstructions  in  the  hallways,  aisles  or  open 
places  therein. 

§  124.    Provision  for  safety  in  streets. 

(15)  To  regulate  the  speed  of  railroad  trains,  engines  and 
cars  passing  through  the  City  and  the  speed  of  cars  of  street 
or  interurban  railway  companies  using  the  public  streets  of 
the  City,  to  require  railroad  companies  to  station  flagmen, 
place  gates  or  viaducts  at  all  such  street  crossings  as  the 
Council  may  deem  proper,  to  require  street  cars  and  local 
trains  to  be  provided  with  fenders  or  other  appliances  for 
the  better  protection  of  the  public;  to  prohibit  the  making 
up  of  railroad  trains  on  any  of  the  streets,  street  crossings 
or  street  intersections  of  the  City;  to  regulate  the  speed 
with  which  persons  may  ride  or  drive  or  propel  bicycles, 
automobiles  or  other  vehicles  along  or  upon  any  of  the 
streets  or  highways  of  the  City. 

§  125    Improper  use  of  streets. 

(16)  To  regulate  or  prohibit  the  exhibition  or  carrying 
of  banners,  placards,  or  advertisements,  and  the  distribution 
of  handbills  in  the  streets,  public  grounds  or  upon  the  side- 
walks; to  regulate  and  prevent  the  flying  of  banners,  flags 
or  signs  across  the  streets  or  from  houses;  to  regulate  or 
prohibit  traffic  and  sales  in  the  streets  and  public  places;  to 
prevent  encroachments  upon  or  obstructions  to  the  streets, 
and  to  require  their  removal. 


32  Charter  op  the  City  of  Berkeley 

§  126.     Weeds  and  rubbish  on  sidewalks. 

(17)  To  compel  the  owner  or  occupant  of  buildings  or 
grounds  to  remove  dirt,  rubbish  and  weeds  from  the  side- 
walk opposite  thereto ;  and  in  his  default  to  authorize  the 
removal  or  destruction  thereof  by  some  officer  of  the  City 
at  the  expense  of  such  owner  or  occupant,  and  to  make  such 
expense  a  lien  upon  such  buildings  or  grounds. 

§  127.     Billboards  and  signs. 

(18)  To  regulate,  license  or  prohibit  the  construction  and 
use  of  billboards  and  signs. 

§  128.    Dogs. 

(19)  To  regulate  and  prevent  the  running  at  large  of 
dogs,  to  prevent  dog  fights  in  the  streets,  to  provide  for  the 
destruction  of  vicious  dogs,  and  to  require  the  payment  of 
license  fees  by  the  owners  or  persons  having  possession  of 
dogs,  and  to  impose  penalties  upon  such  persons  for  refusing 
to  pay  such  license  fees. 

§  129.    Public  pound. 

(20)  To  prevent  or  regulate  the  running  at  large  of  any 
animals,  and  to  establish  and  maintain  a  pound  and  authorize 
the  destruction  or  other  disposition  of  any  animals  running 
at  large. 

§  130.    Cruelty  to  animals. 

(21)  To  prohibit  and  punish  cruelt}^  to  animals,  and  to 
require  the  places  where  they  are  kept  to  be  maintained  in  a 
clean  and  healthful  condition. 

§  131.    Preservation  of  health. 

(22)  To  make  all  regulations  which  may  be  necessary 
and  expedient  for  the  preservation  of  health  and  the  sup- 
pression of  disease;  to  make  regulations  to  prevent  the  in- 
troduction of  contagious,  malignant,  infectious  or  other 
diseases  into  the  City;  to  make  quarantine  laws  and  regula- 
tions; to  regulate,  control  and  prevent  the  entry  into  the 
City  of  persons,  baggage,  merchandise  or  other  preperty  in- 
fected with  contagious  disease. 

§  132.    Dangerous  and  offensive  occupations ;  disagreeable 
noises. 

(23)  To  regulate  or  prohibit  the  operation  of  all  manu- 
factories, occupations  or  trades  which  may  be  of  such  a 
nature  as  to  affect  the  public  health  or  good  order  of  the 


Charter  of  the  City  op  Berkeley  33 

City  or  disturb  the  public  peace,  or  which  may  be  offensive 
or  dangerous  to  the  inhabitants  residing  in  the  vicinity,  and 
to  provide  for  the  punishment  of  all  persons  violating  such 
regulations  and  the  punishment  of  all  persons  who  know- 
ingly permit  the  same  to  be  violated  in  any  building  or  upon 
any  premises  owned  or  controlled  by  them;  to  make  regula- 
tions for  the  suppression  of  disagreeable,  offensive  and  in- 
jurious noises. 
§  133.    Inspection  of  food  products. 

(24)  To  provide  for  and  regulate  the  inspection  by  the 
Health  Officer  of  meats,  poultry,  fish,  game,  bread,  butter, 
cheese,  lard,  eggs,  vegetables,  breadstuffs,  milk  and  other 
food  products  offered  for  sale  in  the  City,  and  to  provide 
for  the  taking  and  summarily  destroying  of  any  such  prod- 
ucts as  are  unsound,  spoiled,  adulterated,  or  unwholesome, 
and  to  regulate  and  prevent  bringing  into  the  City  or  having 
or  keeping  within  the  City  any  such  unsound,  spoiled,  adul- 
terated or  unwholesome  products. 

§  134.    Dairies. 

(25)  To  provide  for  and  regulate  the  inspection  of  all 
dairies  that  offer  for  sale  or  sell  any  of  their  products  in  the 
City. 

§  135.    Lodging*,  tenement  and  apartment  houses. 

(26)  To  regulate  lodging,  tenement  and  apartment 
houses  and  to  prevent  the  overcrowding  of  the  same  and  to 
require  that  they  be  put  and  kept  in  proper  sanitary  con- 
dition. 

§  136.    Sewer  connections. 

(27)  To  regulate  the  construction,  repair  and  use  of 
sewers,  sinks,  gutters,  wells,  cesspools,  and  vaults,  and  to 
compel  the  connecting,  cleaning,  or  emptying  of  the  same, 
and  to  designate  the  time  and  manner  in  which  the  work 
shall  be  done. 

§  137.    Garbage. 

(28)  To  provide  for  the  collection  and  disposal  of  gar- 
bage, ashes,  animal  and  vegetable  refuse,  dead  animals,  ani- 
mal offal,  rubbish  and  waste  matter. 

§  138.    Licensing  businesses. 

(29)  To  license  for  purposes  of  regulation  and  revenue 
all  and  every  kind  of  business  not  prohibited  by  law  to  be 


34  Charter  oj'  the  City  of  Berkeley 

transacted  or  carried  on  in  the  Cit}^;  to  fix  the  rates  of 
licenses  upon  the  same,  and  to  provide  for  the  collection 
thereof  by  suit  or  otherwise. 
§  139.     Regulation  of  public  vehicles. 

(30)  To  establish  stands  for  hacks,  public  carriages,  ex- 
press wagons,  and  other  public  vehicles  for  hire,  and  regu- 
late the  charges  of  such  hacks,  public  carriages,  express 
wagons  and  other  public  vehicles,  and  to  require  schedules 
of  such  charges  to  be  posted  in  or  upon  such  public  vehicles. 
§  140.    Weights  and  measures. 

(31)  To  provide  for  the  inspection  and  sealing  of  all 
weights  and  measures  used  in  the  City,  and  to  enforce  the 
keeping  and  use  by  dealers  of  proper  weights  and  measures 
duly  tested  and  sealed. 

§  141.    Public  shows.    Gambling. 

(32)  To  license,  regulate,  restrain  or  prohibit  all  exhibi- 
tions, public  shows,  games  and  amusements;  to  prevent  and 
prohibit  all  descriptions  of  gambling  and  fraudulent  devices 
and  practices,  all  playing  of  cards,  dice  or  other  games  of 
chance  for  the  purpose  of  gambling,  the  keeping  or  oper- 
ating of  card  machines,  slot  machines  or  other  contrivances 
upon  or  into  which  money  is  staked,  hazarded,  deposited  or 
paid  upon  chance  and  the  selling  of  pools  on  races,  and  to 
authorize  the  destruction  of  all  instruments  used  for  the 
purpose  of  gambling. 

§  142.    Public  order  and  decency. 

(33)  To  restrain  and  punish  vagrants,  mendicants,  lewd 
persons  and  prostitutes ;  to  prevent  and  punish  drunkenness, 
prize  fights  and  all  offensive,  immoral,  indecent  and  dis- 
orderly conduct  and  practices  in  the  City. 

§  143.    Taxation. 

(34)  To  levy  and  collect  taxes  upon  all  the  real  and 
personal  property  within  the  City,  subject  to  the  limitations 
elsewhere  in  this  Charter  provided. 

§  144.    Erroneously  collected  taxes. 

(3.5)  To  order  the  repaying  by  the  Treasurer  of  any 
taxes,  percentages  or  costs  erroneously  or  illegally  collected. 
§  145.    Fees. 

(36)  To  fix  the  fees  and  charges  for  all  official  services 
not  otherwise  provided  for  in  this  Charter. 


Charter  op  the  City  of  Berkeley  35 

§  146.    Mayor's  urgency  fund. 

(37)  To  provide  an  urgent  necessity  fund  not  exceeding 
five  hundred  dollars  a  3^ear,  to  be  expended  under  the 
direction  of  the  Mayor. 

§  147.     Lea^e  of  lands  owned  by  the  City. 

(38)  To  provide  for  the  lease  of  any  lands  now  or  here- 
after owned  by  the  City,  but  all  leases  shall  be  made  at  pub- 
lic auction  to  the  highest  responsible  bidder  at  the  highest 
monthly  rent,  after  publication  of  notice  thereof  for  at  least 
one  week,  stating  explicitly  the  time  and  conditions  of  the 
proposed  lease;  provided,  that  the  Council  may  in  its  dis- 
cretion reject  any  and  all  bids. 

§  148.    Purchase  of  property  under  execution. 

(39)  To  provide  for  the  purchase  of  property  levied  upon 
or  under  execution  in  favor  of  the  City,  but  the  amount  bid 
on  such  purchase  shall  not  exceed  the  amount  of  judgment 
and  costs. 

§  149.    Sale  of  useless  personal  property. 

(40)  To  provide  for  the  sale  at  public  auction,  after  ad- 
vertising for  five  days,  of  personal  property  unfit  or  unnec- 
essary for  the  use  of  the  City. 

§  150.    Trusts. 

(41)  To  provide  for  the  execution  of  all  trusts  confided 
to  the  City. 

§  151.    Street  grades. 

(42)  To  establish  or  change  the  grade  of  any  street  or 
public  place. 

§  152.    Street  work. 

(43)  To  order  the  whole  or  any  part  of  any  street, 
avenue,  lane,  alley,  court  or  place  within  the  City  of  Berkeley 
to  be  graded  or  regraded  to  the  official  grade,  planked  or 
replanked,  paved  or  repaved,  macadamized  or  re-macadam- 
ized, graveled  or  re-graveled,  piled  or  re-piled,  capped  or 
recapped,  sewered  or  re-sewered,  and  to  order  sidewalks, 
manholes,  culverts,  cesspools,  gutters,  tunnels,  curbing  and 
crosswalks  to  be  constructed  therein,  and  to  order  break- 
waters, levees  or  walls  of  rock  or  other  material  to  protect 
the  same  and  also  any  other  work  or  improvement  therein; 
to  provide  for  the  care  of  shade  trees  planted  therein  and 


36  Charter  of  the  City  of  Berkeley 

to  cause  shade  trees  to  be  planted,  set  out  and  cultivated 
therein;  and  also  to  order  drainage  or  sanitary  sewers  or 
storm  water  sewers  to  be  constructed  on  or  through  private 
property. 

Whenever,  in  the  judgment  of  the  Council  or  of  the  people, 
the  cost  and  expense  of  any  of  the  foregoing  improvements 
is  to  be  paid  by  special  assessments  on  private  property,  the 
general  laws  of  the  State  of  California  in  force  at  the  time 
of  the  improvement  shall  govern  and  control,  and  all  pro- 
ceedings shall  be  in  conformity  thereto. 

§  153.    Street  opening. 

(44)  To  order  the  opening,  extending,  widening,  straight- 
ening or  closing  of  any  street,  lane,  alley,  court  or  public 
place  within  the  Cjty  or  over  tide  lands  and  lands  covered 
by  the  waters  of  San  Francisco  Bay  within  the  City,  and  to 
condemn  and  acquire  any  and  all  property  necessary  or  con- 
venient for  that  purpose. 

Whenever,  in  the  judgment  of  the  Council  or  of  the  people, 
the  cost  and  expense  of  any  of  the  foregoing  improvements 
is  to  be  paid  by  special  assessment  on  private  property,  the 
general  laws  of  the  State  of  California  in  force  at  the  time  of 
the  improvement  shall  govern  and  control,  and  all  proceed- 
ings shall  be  in  conformity  thereto,  except  that  all  the 
duties  of  the  commissioners  and  secretaries  shall  be  per- 
formed by  or  under  the  direction  of  the  Commissioner  of 
Public  Works  of  the  City,  who  shall  receive  no  compensa- 
tion therefor. 

§  154.    Light  and  water. 

(45)  To  provide  for  the  lighting  of  the  streets,  high- 
ways, public  places,  and  public  buildings  and  for  supplying 
the  City  with  water  for  municipal  purposes. 

§  155.     Boulevards. 

(46)  To  set  apart  as  a  boulevard  or  boulevards  any 
street  or  streets  over  which  there  is  no  existing  franchise 
for  any  railroad  and  to  regulate  and  prevent  heavy  teaming 
thereon ;  and  when  any  such  street  shall  have  been  set  aside 
as  a  l)0ulevard,  no  franchise  for  a  railroad,  interurban  rail- 
way or  street  railway  of  any  kind  shall  be  granted  upon 
such  boulevard  and  no  railroad  track  of  any  kind  shall  ever 
be  laid  thereon,  unless  an  ordinance  to  that  effect  shall  have 


Charter  op  the  City  of  Berkeley  37 

been  duly  passed  by  popular  vote,  as  provided  in  Articles 
XIII  and  XIV. 

§  156.     Closed  or  abandoned  streets. 

(47)  Whenever  any  street  or  portion  of  a  street  shall  be 
abandoned  or  closed  by  ordinance,  to  convey  by  deed  such 
street  or  portion  of  street  so  abandoned  or  closed,  to  the 
owners  of  the  lands  adjacent  thereto  in  such  wise  as  the 
Council  shall  deem  that  equity  requires. 

§  157.    Waterfront  and  wharves. 

(48)  To  improve,  keep  in  repair  and  control  the  water 
front  of  the  City,  to  fix  the  rates  of  wharfage,  dockage,  and 
tolls,  and  provide  for  the  collection  thereof,  to  license,  regu- 
late and  control  the  landing,  anchorage  and  moorage  of 
steamboats,  sailing  vessels,  rafts,  tug  boats  and  all  other 
watereraft  within  the  jurisdiction  of  the  City. 

§  158.    Regulation  of  public  utility  rates. 

(49)  To  fix  and  determine  by  ordinance  in  the  month  of 
February  of  each  year,  to  take  effect  on  the  first  day  of  July 
thereafter,  the  rates  or  compensation  to  be  collected  by  any 
person,  firm  or  corporation  in  the  City,  for  the  use  of  water, 
heat,  light,  power  or  telephone  service,  supplied  to  the  City 
or  to  the  inhabitants  thereof,  and  to  prescribe  the  quality  of 
the  service. 

§  159.    Regulation  of  street  railroads. 

(50)  To  regulate  street  railroads,  their  tracks  and  cars, 
to  compel  the  owners  of  two  or  more  such  street  railroads 
using  the  same  street  for  any  distance  not  exceeding  ten 
blocks,  to  use  the  same  tracks  and  to  equitably  divide  the 
cost  of  construction  and  the  cost  of  maintenance  thereof 
between  them. 

§  160.    Railroads  to  keep  streets  in  repair. 

(51)  To  require  every  railroad  company  to  keep  the 
streets  in  repair  between  the  tracks,  and  along  and  within 
the  distance  of  two  feet  upon  each  side  of  the  tracks  occupied 
by  the  company. 

§  161.    Spur  tracks. 

(52)  To  permit  the  laying  down  of  spur  or  side  tracks 
and  running  cars  thereon,  for  the  purpose  of  connecting 
warehouses,  manufactories  or  other  business  industries  and 


38  Charter  of  the  City  of  Berkeley 

enterprises  with  any  line  of  railroads  that  may  be  built 
along  the  water  front  or  with  any  other  lines  of  railroad 
which  do  now  or  may  hereafter  enter  the  City,  subject  to 
such  regulations  and  conditions  as  may  be  prescribed  from 
time  to  time  by  the  Council,  such  tracks  to  be  used  for 
transportation  of  freight  only,  and  not  to  be  used  as  a  main 
line  or  a  part  thereof;  and  also  for  the  purpose  of  exca- 
vating and  filling  in  a  street  or  portion  of  a  street  or  the  ad- 
joining land,  and  for  such  limited  time  as  may  be  necessary 
for  such  purpose  and  no  longer. 

Such  tracks  must  be  laid  level  with  the  street  and  must 
be  operated  under  such  restrictions  as  not  to  interfere  with 
the  use  of  the  streets  by  the  public.  All  permits  granted 
under  the  provisions  hereof  shall  be  revocable  at  the  pleasure 
of  the  Council. 

§  162.     Regulation  of  poles  and  wires, 

(53)  To  cause  the  removal  and  placing  underground  of 
all  telephone,  telegraph,  electric  light  or  other  wires  within 
the  City,  or  within  any  designated  portion  thereof,  and  to 
regulate  or  prohibit  the  placing  of  poles  and  suspending  of 
wires  along  or  across  any  of  the  streets,  highways  and  public 
places  in  the  City. 

§  163.     Size  and  location  of  pipes. 

(54)  To  regulate  the  size  and  location  of  all  water  pipes, 
gas  pipes,  and  all  other  pipes  and  conduits  laid  or  con- 
structed in  the  streets  and  public  places,  and  to  require  the 
filing  of  charts  and  maps  of  such  pipes  and  conduits. 

§  164.    Elections. 

(55)  To  make  all  rules  and  regulations  governing  elec- 
tions not  inconsistent  with  this  Charter. 

§  165.     Civil  Service  Commission. 

(56)  To  establish  a  biireau  of  Civil  Service  and  to  ap- 
point i\  commission,  to  serve  without  compensation,  to  ad- 
minister the  same  under  rules  and  regulations  to  be  made 
by  tlie  (^uncil.  Such  commission  shall,  among  other  things, 
I)r(»vi(le  for  the  classification  of  all  employments  in  the  ad- 
iiiiiiistrativc  service  of  the  City  not  excepted  by  the  pro- 
visions of  this  Charter,  hy  the  Council  or  by  the  people,  for 
o|»eM.  competitive  and  free  examinations  as  to  fitness,  for  an 
<'lii:il)Ie  list  from  wliich  vacancies  shall  he  filled,  for  a  period 


Charter  of  the  City  of  Berkeley  39 

of  probation  before  employment  is  made  permanent,  and  for 
promotion  on  the  basis  of  merit,  experience  and  record. 

§  166.     Civic  Art  Commission. 

(57)  To  establish  a  Civic  Art  Commission  and  to  appoint 
Commissioners  thereon,  to  serve  without  compensation,  with 
such  powers  and  duties  as  may  be  fixed  by  the  Council. 

§  167.    Park  Commission. 

(58)  To  establish  a  Park  Commission,  and  to  appoint 
Commissioners  thereon,  to  serve  without  compensation,  with 
such  powers  and  duties  as  may  be  fixed  by  the  Council. 

§  168.    Playground  Commission. 

(59)  To  establish  a  Playground  Commission  and  to  ap- 
point Commissioners  thereon,  to  serve  without  compensation, 
with  such  powers  and  duties  as  may  be  fixed  by  the  Council. 

§  169.    Commisison  of  Public  Charities. 

(60)  To  establish  a  Commission  of  Public  Charities  and 
to  appoint  Commissioners  thereon,  to  serve  without  compen- 
sation, with  such  powers  and  duties  as  may  be  fixed  by  the 
Council. 

§  170.     Municipal  ownership. 

(61)  To  provide  a  suitable  procedure  for  taking  over  or 
otherwise  acquiring  municipal  ownership  of  public  utilities. 

§  171.     Additional  powers. 

(62)  To  enact  appropriate  legislation  and  do  and  per- 
form any  and  all  other  acts  and  things  which  may  be  neces- 
sary and  proper  to  carry  out  the  general  powers  of  the  City 
or  any  of  the  provisions  of  this  Charter,  and  to  exercise  all 
powers  not  in  conflict  with  the  Constitution  of  the  State, 
with  this  Charter  or  with  ordinances  adopted  by  the  people 
of  the  City. 

ARTICLE  X. 

FINANCE    AND    TAXATION. 

§  172.    The  fiscal  year. 

Sec.  50.  The  fiscal  year  of  the  City  shall  commence  upon 
the  first  day  of  July  of  each  year,  or  at  such  other  time  as 
mav  be  fixed  bv  ordinance. 


40  Charter  of  the  City  of  Berkeley 

§  173.    Tax  System. 

Sec.  51.  The  Council  shall  by  ordinance  provide  a  system 
for  the  assessment,  levy  and  collection  of  all  City  taxes  not 
inconsistent  with  the  provisions  of  this  Charter. 

The  Council  shall  have  power  to  avail  itself  by  ordinance 
of  any  law  of  the  State  of  California  now  or  hereafter  in 
force  and  comply  with  the  requirements  thereof  whereby 
assessments  may  be  made  by  the  Assessor  of  the  County  in 
which  the  City  of  Berkeley  is  situated  and  taxes  collected 
by  the  Tax  Collector  of  said  County  for  and  on  behalf  of  the 
City  of  Berkeley.  Other  provisions  of  this  Charter  concern- 
ing the  assessment,  levy  and  collection  of  taxes  shall  be  sub- 
ject to  the  provisions  of  any  such  ordinance  while  the  same 
shall  be  in  force. 
§  174.    Department  estimates  of  annual  requirements. 

Sec.  52.  On  or  before  the  first  Monday  in  April  in  each 
year  or  on  such  date  in  each  year  as  shall  be  fixed  by  the 
Council,  the  heads  of  departments,  offices,  boards  and  com- 
missions shall  send  to  the  Commissioner  of  Finance  and 
Revenue  a  careful-  estimate  in  writing  of  the  amounts,  spec- 
ifying in  detail  the  objects  thereof,  required  for  the  business 
and  proper  conduct  of  their  respective  departments,  offices, 
boards  and  commissions,  during  the  next  ensuing  fiscal  year. 
§  175.    Annual  estimate  of  City's  requirements  and  revenue. 

Sec.  53.  On  or  before  the  first  Monday  in  May  in  each 
year,  or  on  such  date  in  each  year  as  shall  be  fixed  by  the 
Council,  the  Commissioner  of  Finance  and  Revenue  shall 
submit  to  the  Council  an  estimate  of  the  probable  expendi- 
tures of  the  City  government  for  the  next  ensuing  fiscal  year, 
stating  the  amount  required  to  meet  the  interest  and  sinking 
funds  for  the  outstanding  funded  indebtedness  of  the  City, 
and  the  wants  of  all  the  departments  of  the  municipal  gov- 
ernment in  detail,  and  showing  specifically  the  amount  neces- 
sary to  be  provided  for  each  fund  and  department ;  also  an 
estimate  of  the  amount  of  income  from  fines,  licenses  and 
other  sources  of  revenue  exclusive  of  taxes  upon  property. 
;md  the  pro})able  amount  required  to  be  levied  and  raised 
l)y  taxation. 
§  176.    Annual  budget. 

Sec.  54.  The  Council  shall  meet  annually  prior  to  fixing 
the  tax  levy  and  make  a  budget  of  the  estimated  amounts 


Charter  op  the  City  of  Berkeley  41 

required  to  pay  the  expenses  of  conducting  the  business  of 
the  City  government  for  the  next  ensuing  fiscal  year.  The 
budget  shall  be  prepared  in  such  detail  as  to  the  aggregate 
sum  and  the  items  thereof  allowed  to  each  department,  office 
board  or  commission  as  the  Council  may  deem  advisable. 

§  177.    Board  of  Equalization. 

Sec.  55.  The  Coimcil  shall  meet  at  their  usual  place  of 
holding  meetings  on  the  first  Monday  in  August  of  each 
year,  at  ten  o'clock  in  the  forenoon  of  said  daj%  and  sit  as  a 
Board  of  Equalization,  and  shall  continue  in  session  from 
day  to  day  until  the  last  Monday  in  August.  They  shall 
have  power  to  hear  complaints  and  to  correct,  modify,  strike 
out  or  to  raise  any  assessment,  provided  that  notice  shall  be 
given  to  the  party  whose  assessment  is  to  be  raised. 

§  178.    Annual  tax  levy. 

Sec.  56.  The  Council  must,  finally  adopt,  not  later  than 
the  first  Tuesday  in  September,  an  ordinance  levying  upon 
the  assessed  valuation  of  the  property  in  the  City,  subject  to 
the  provisions  of  this  Charter,  a  rate  of  taxation  upon  each 
one  hundred  dollars  of  valuation  sufficient  to  raise  the 
amounts  estimated  to  be  required  in  the  annual  budget,  less 
the  amounts  estimated  to  be  received  from  fines,  licenses 
and  other  sources  of  revenue.  They  shall  then  deliver  the 
assessment  roll  to  the  Auditor,  who  shall  compute  and  carry 
out  the  amount  of  the  tax  so  levied  upon  each  parcel  of 
property  contained  in  said  assessment  roll.  The  corrected 
list  for  each  tax  shall  be  the  assessment  roll  of  said  tax  for 
said  ye;ar,  and  it  shall  be  certified  by  the  Auditor  as  being 
the  assessment  roll  of  said  tax. 

§  179.    Limit  of  tax  levy. 

See.  57.  The  tax  levy  authorized  by  the  Council  to  meet 
the  municipal  expenses  for  each  fiscal  year  shall  not  exceed, 
except  as  herein  provided,  the  rate  of  one  dollar  on  each 
one  hundred  dollars  of  the  assessed  value  of  all  real  and 
personal  property  within  the  City.  The  Council  in  making 
the  levy  shall  apportion  not  less  than  thirty-five  cents  to  the 
School  Fund,  unless  the  estimate  of  the  Board  of  Education 
calls  for  a  less  amount.  The  remainder  of  such  levy  shall  be 
placed  in  the  general  fund,  which  may  be  apportioned  by 
the  Council,  except  as  otherwise  provided  in  this  Charter. 


42  Charter  op  the  City  of  Bpjrkeley 

§  180.    Bond  tax.    Library  tax. 

See.  58.  The  Council  shall  have  power  to  levy  and  col- 
lect taxes  in  addition  to  the  taxes  herein  authorized  to  be 
levied  and  collected,  sufficient  to  pay  the  interest  and  main- 
tain the  sinking  fund  of  the  bonded  indebtedness  of  the  City 
and  to  provide  for  the  establishment  and  support  of  free 
public  libraries  and  reading  rooms. 

§  181.    Cash  Basis  Fund. 

Sec.  59.  The  Council  shall  create  and  maintain  a  perma- 
nent revolving  fund,  to  be  known  as  the  Cash  Basis  Fund, 
for  the  purpose  of  putting  the  payment  of  the  running  ex- 
penses of  the  City  on  a  cash  basis.  For  this  purpose  the 
Council  shall  provide  that,  from  the  money  collected  from  the 
annual  tax  levy  and  from  money  received  from  other  sources, 
a  sum  equal  to  not  less  than  two  and  one-half  cents  on  each 
one  hundred  dollars  of  the  assessed  value  of  said  property 
shall  be  placed  in  such  fund  until  the  accumulated  amount 
in  such  fund  shall  be  sufficient  to  meet  all  legal  demands 
against  the  treasury  for  the  first  four  months  or  other  neces- 
sary period  of  the  succeeding  fiscal  year. 

The  Council  shall  have  power  to  transfer  from  the  Cash 
Basis  Fund  to  any  other  fund  or  funds  such  sum  or  sums  as 
may  be  required  for  the  purpose  of  placing  such  fund  or 
funds,  as  nearly  as  possible,  on  a  cash  basis.  It  shall  be  the 
duty  of  the  Council  to  provide  that  all  money  so  transferred 
from  the  Ca.sh  Basis  Fund  be  returned  thereto  before  the  end 
of  the  fiscal  year. 

§  182.     Tax  liens. 

Sec.  60.  All  taxes  assessed,  together  with  any  percentage 
imposed  for  delinquency  and  the  cost  of  collection,  shall  con- 
stitute liens  on  the  property  assessed;  every  tax  upon  the 
personal  property  shall  be  a  lien  upon  the  real  property  of 
the  owner  thereof.  The  liens  provided  for  in  this  section 
shall  attach  as  of  the  first  Monday  in  March  in  each  year, 
and  may  be  enforced  by  actions  in  any  court  of  competent 
jurisdiction  to  foreclose  such  liens,  or  by  a  sale  of  the  prop- 
erty affected  and  the  execution  and  delivery  of  all  necessary 
certificates  and  deeds  therefor,  under  such  regulations  as 
may  be  prescribed  by  ordinance;  provided,  that  when  real 
estate  is  offered  for  sale  for  City  taxes  due  thereon,  the  same 


Charter  op  the  City  of  Berkeley  43 

shall  be  struck  off  and  sold  to  the  City,  in  like  case  and  in 
like  manner  and  with  like  effect  and  with  like  right  of  re- 
demption, as  it  may  be  struck  off  and  sold  to  the  State  when 
offered  for  sale  for  State  and  County  taxes ;  and  the  Council 
shall  have  power  to  provide  for  the  procedure  to  be  followed 
in  such  sales  to  the  City  and  redemption  thereafter. 
§  183.    Duties  of  the  Auditor. 

Sec.  61.  Money  shall  be  drawn  from  the  treasury  only 
upon  warrants  as  herein  authorized.  Every  demand  against 
the  City  from  whatever  source,  including  the  School  De- 
partment and  the  Free  Public  Library,  when  allowed  by 
the  Council  or  proper  board,  shall  be  signed  by  the  Presi- 
dent and  Secretary  or  Clerk  of  such  body,  and  a  warrant, 
numbered  and  dated  the  same  as  the  demand  issued  and 
signed  by  the  same  officers,  and  both  must,  before  it  can  be 
paid,  be  presented  to  the  Auditor,  who  shall  satisfy  himself 
whether  the  money  is  legally  due  and  its  payment  author- 
ized by  law.  If  he  allow  it,  he  shall  endorse  upon  the  war- 
rant the  word  "Allowed,"  and  the  date  of  such  allowance, 
and  sign  his  name  thereto.  No  demand  shall  be  approved, 
allowed,  audited  or  pa;d  unless  it  specify  each  special  item, 
and  the  date  thereof.  It  shall  be  the  duty  of  the  Auditor 
to  be  constantly  acquainted  with  the  exact  condition  of  the 
treasury.  He  shall,  on  application  of  any  person  indebted 
to  the  City,  holding  money  payable  into  the  City  Treasury 
or  desiring  to  pay  money  therein,  certify  to  the  Treasurer 
the  amount  thereof,  to  what  fund  applicable,  and  by  whom 
to  be  paid.  He  shall  charge  the  Treasurer  with  the  amount 
received.  It  shall  be  his  duty  to  apportion  among  the  sev- 
eral funds  all  public  money  at  any  time  in  the  City  Treas- 
ury, not  by  law  or  ordinance  specifically  apportioned  and 
appropriated,  and  forthwith  notify  the  Trea.surer  of  such 
apportionment  or  appropriation.  He  shall  countersign  and 
deliver  to  the  proper  officers,  all  licenses  and  other  receipts, 
charging  them  therewith,  and  taking  their  receipt  therefor. 
He  shall  on  the  first  Monday  of  each  month,  or  oftener  if  re- 
quired, report  in  writing  to  the  Council  the  condition  of 
each  fund  in  the  Treasury.  He  shall  keep  a  complete  set 
of  books  for  the  City,  in  which  he  shall  set  forth  in  a  plain 
and  businesslike  manner,  everj-  money  tran.saction  of  the 
Citv,  so  that  he  can  at  anv  time  tell  the  exact  condition  of 


44  Charter  op  the  City  of  Berkeley 

the  City's  tinances,  and  draw  all  warrants  on  the  treasury. 
He  shall  perform  such  other  duties  as  may  be  required  of 
him  by  this  Charter  or  by  ordinance. 

§  184.    Money  to  meet  warrants. 

See.  62.  When  the  running  expenses  of  the  City  have 
been  placed  on  a  cash  basis,  warrants  payable  on  demand 
shall  be  drawn  upon  the  Treasurer,  or  against  any  funds  in 
his  hands,  only  when  at  the  time  of  the  drawing  and  issu- 
ing of  such  warrants  there  shall  be  sufficient  money  in  the 
appropriate  fund  in  the  treasury  to  pay  said  warrants. 

§  185.    Disposition  of  money  collected. 

Sec.  63.  Every  officer  collecting  or  receiving  any  moneys 
belonging  to  or  for  the  use  of  the  City  shall  settle  for  the 
same  with  the  Auditor  on  or  before  the  last  day  of  each 
month,  or  at  more  frequent  intervals  as  may  be  directed 
by  the  Council,  and  immediately  pay  all  the  same  into  the 
treasury,  on  the  order  of  the  Auditor,  for  the  benefit  of  the 
funds  to  which  such  moneys  severally  belong.  When  the 
last  day  of  the  month  falls  upon  Sunday  or  a  legal  holiday, 
the  said  payments  shall  be  made  on  the  next  preceding 
business  day.  The  Council  may  provide,  in  its  discretion, 
for  the  deposit  of  the  City  moneys  in  banks  in  accordance 
with  the  State  law. 

§  186.    Uniform  accounts  and  reports. 

See.  64.  The  Council  shall  prescribe  uniform  forms  of 
accounts,  which  .shall  be  observed  by  all  officers  and  depart- 
ments of  the  City  which  receive  or  disburse  moneys.  When- 
ever an  act  shall  be  passed  by  the  State  Legislature  calling 
for  uniform  municipal  reports,  the  City  authorities  shall 
l)e  governed  thereby. 

ARTICLE  XI. 

PUBLK]   WORK   AND   SUPPLIES. 

^  187.     Form  of  contracts. 

Sec.  Go.  All  contracts  shall  be  drawn  under  the  super- 
vision of  the  City  Attorney.  All  contracts  must  be  in  writ- 
ing, executed  in  the  name  of  the  City  of  Berkele.y  by  an 
officer  or  officers  authorized  to  sign  the  same,  and  must  be 
conntersigned  by  the  Auditor,  who  shall  number  and  regis- 
ter tlic  same  in  a  book  kept  for  that  purpose. 


Charter  op  the  City  of  Berkeley  45 

§  188.     Progressive  .pajrments  on  contracts. 

Sec.  66.  Any  contract  may  provide  for  progressive  pay- 
ments, if  in  the  ordinance  authorizing  or  ordering  the  work 
permission  is  given  for  such  a  contract.  But  no  progressive 
payments  can  be  provided  for  or  made  at  apy  time  which, 
with  prior  payments,  if  there  have  been  such,  shall  exceed 
in  amount  at  that  time  seventy-five  per  cent  of  the  value  of 
the  labor  done  and  the  materials  used  up  to  that  time,  and 
no  contract  shall  provide  for  or  authorize  or  permit  the 
payment  of  more  than  seventy-five  per  cent  of  the  contract 
price  before  the  completion  of  the  work  done  under  said 
contract  and  the  acceptance  thereof  by  the  proper  officer, 
department  or  board. 

§  189.    Public  work  to  be  done  by  contract. 

Sec.  67.  In  the  erection,  improvement  and  repair  of  all 
public  buildings  and  works,  in  all  street  and  sewer  work, 
and  in  all  work  in  or  about  streams,  bays  or  water  front, 
or  in  or  about  embankments  or  other  works  for  protection 
against  overflow  and  erosion,  and  in  furnishing  any  sup- 
plies and  materials  for  the  same,  or  for  any  other  use  by 
the  City,  when  the  expenditure  required  for  the  same  ex- 
ceeds the  sum  of  five  hundred  dollars,  the  same  shall  be 
done  by  contract,  and  shall  be  let  to  the  lowest  responsible 
bidder,  after  advertising  for  sealed  proposals  for  the  work 
contemplated  for  five  consecutive  daj's  in  the  official  news- 
paper. Such  notice  shall  distinctly  and  specifically  state 
the  work  contemplated  to  be  done.  Provided,  however,  the 
Council  may  reject  any  and  all  bids,  if  deemed  excessive, 
and  readvertise  for  bids,  or  provide  for  the  work  to  be  done 
by  the  Department  of  Public  Works.  In  case  no  bid  is  re- 
ceived, the  Council  may  likewise  provide  for  the  work  to  be 
done  by  the  Department  of  Public  Works. 

§  190.    Contracts  for  official  advertising. 

Sec.  68.  The  Council  shall  let  annually  contracts  for  the 
official  advertising  for  the  ensuing  fiscal  year.  For  this 
purpose  the  Council  shall  advertise  for  five  consecutive  days, 
setting  forth  distinctly  and  specifically  the  work  contem- 
plated to  be  done,  and  asking  for  sealed  proposals  therefor. 
The  proposals  shall  specify  the  type  and  spacing  to  be  used  at 
the  rate  or  rates  named  in  the  bids.  The  Council  shall  let  the 


46  Charter  of  the  City  of  Berkeley 

contracts  for  such  official  advertising  to  the  lowest  respon- 
sible bidder  publishing  a  daily  newspaper  in  the  City  which 
is  a  newspaper  of  general  circulation  and  has  been  in  exist- 
ence at  the  time  of  the  awarding  of  the  contract  at  least 
one  year;  provided,  that  the  Council  may  reject  any  or  all 
bids  if  found  excessive,  and  advertise  for  new  bids. 

The  newspaper  to  which  the  award  of  such  advertising 
is  made  shall  be  known  and  designated  as  the  "official  news- 
paper." 
§  191.     Contracts  for  lighting. 

Sec.  69.  No  contract  for  lighting  streets,  public  build- 
ings, places  or  offices  shall  be  made  for  a  longer  period  than 
one  year,  nor  shall  any  contract  to  pay  for  electric  light  or 
any  illumination  material  at  a  higher  rate  than  the  mini- 
mum price  charged  to  any  other  consumer  be  valid. 

§  192.     Contracts  for  water. 

Sec.  70.  No  contract  for  supplying  water  for  the  use  of 
the  municipality  in  any  of  its  departments  shall  be  valid 
wherein  the  rates  exceed  those  charged  to  other  consumers. 

§  193.     Hours  of  labor. 

Sec.  71.  The  maximum  time  of  labor  or  service  required 
of  any  laborer,  M^orkman  or  mechanic  employed  upon  any 
municipal  work,  whether  so  emploj^ed  directly  by  the  City 
and  its  officers,  or  by  a  contractor  or  sub-contractor,  shall 
be  eight  hours  during  any  one  calendar  day. 

§  194.     Collusion  with  bidder. 

Sec.  72.  Any  officer  of  the  City,  or  of  any  department 
thereof,  who  shall  aid  or  assist  a  bidder  in  securing  a  con- 
tract to  furnish  labor,  material  or  supplies  at  a  higher  price 
than  that  proposed  by  any  other  bidder,  or  who  shall  favor 
one  bidder  over  another  by  giving  or  withholding  informa- 
tion or  who  shall  wilfully  mislead  any  bidder  in  regard  to 
the  character  of  the  material  or  supplies  called  for,  or  who 
shall  knowingly  accept  materials  or  supplies  of  a  qiiality 
inferior  to  those  called  for  by  the  contract,  or  who  shall 
knowingly  certify  to  a  greater  amount  of  labor  performed 
than  has  been  actually  performed,  or  to  the  receipt  of  a 
greater  amount  or  different  kind  of  material  or  supplies 
than  has  been  actually  received,  shall  be  deemed  guilty  of 
malfeasance  and  shall  be  removed  from  office. 


Charter  op  the  City  of  Berkeley  47 

§  195.    Collusion  by  bidder. 

Sec.  73.  If  at  any  time  it  shall  be  found  that  the  person 
to  whom  a  contract  has  been  awarded  has,  in  presenting 
any  bid  or  bids,  colluded  with  any  other  party  or  parties 
for  the  purpose  of  preventing  any  other  bid  being  made, 
then  the  contract  so  awarded  shall  be  null  and  void,  and 
the  Council  shall  advertise  for  a  new  contract  for  said 
work,  or  provide  for  such  public  work  to  be  done  by  the 
Department  of  Public  Works. 

ARTICLE  XII. 

FRANCHISES. 

§  196.    Property  rights  of  the  City  inalienable. 

Sec.  74.  The  rights  of  the  City  in  and  to  its  water  front, 
wharf  property,  land  under  water,  public  landings,  wharves, 
docks,  streets,  highways,  parks  and  all  other  public  places, 
except  as  otherwise  provided  in  this  Charter,  are  hereby 
declared  inalienable. 
§  197.    No  use  of  streets  without  a  franchise. 

Sec.  75.  No  person,  firm  or  corporation  shall  ever  exer- 
cise any  franchise  or  privilege  mentioned  in  this  article 
except  in  so  far  as  he  or  it  may  be  entitled  to  do  so  by 
direct  authority  of  the  Constitution  of  California  or  of  the 
Constitution  or  laws  of  the  United  States,  in,  upon,  over, 
under  and  along  any  street,  highway  or  other  public  place 
in  the  City  unless  he  or  it  shall  have  obtained  a  grant  there- 
for in  accordance  with  the  provisions  of  this  article  of  this 
Charter. 
§  198.    Franchises  to  use  streets. 

Sec.  76.  Every  franchise  or  privilege  to  construct  or 
operate  street,  suburban  or  interurban  railroads  along,  upon, 
over  or  under  any  street,  highway,  or  other  public  place  or 
to  lay  pipes  or  conduits  or  to  erect  poles  or  wires  or  other 
structures  in,  upon,  over,  under  or  along  any  street,  high- 
way or  other  public  place  in  the  City  for  the  transmission 
of  gas  or  electricity,  or  for  any  purpose  whatever,  shall  be 
granted  upon  the  conditions  in  this  article  provided,  and 
not  otherwise. 
§  199.    Applications  for  franchises. 

Sec.  77.     (1)     An  applicant  for  a  franchise  or  privilege 
shall  file  with  the  Council  an  application  therefor,  and  there- 


48  Charter  of  the  City  of  Berkeley 

upon  the  Council  shall,  if  it  propose  to  grant  the  same, 
advertise  the  fact  of  said  application,  together  with  a  state- 
ment that  it  is  proposed  to  grant  the  same,  in  the  official 
newspaper  of  the  City.  The  publication  of  such  advertise- 
ment must  run  for  ten  successive  days  and  must  be  com- 
pleted not  less  than  twenty  and  not  more  than  thirty  days 
before  any  further  action  can  be  taken  on  such  application. 

§  200.     Conditions  of  grant. 

(2)  The  advertisement  must  state  the  character  of  the 
franchise  or  privilege  it  is  proposed  to  be  granted,  and  if  it 
be  a  street,  suburban  or  interurban  railroad,  the  route  to  be 
traversed;  that  sealed  bids  therefor  will  be  opened  at  a 
stated  time  and  place,  and  that  the  franchise  will  be 
awarded  to  the  bidder  offering  to  pay  to  the  City  during 
the  life  of  the  franchise  the  highest  percentage  of  the  gross 
annual  receipts  received  from  the  use,  operation  or  posses- 
sion of  the  franchise,  provided  that  such  percentage  be  not 
less  than  two  per  cent  of  said  gross  annual  receipts  during 
the  first  ten  years,  not  less  than  three  per  cent  during  the 
second  ten  years,  not  less  than  four  per  cent  during  the 
third  ten  years,  and  not  less  than  five  per  cent  for  the  rest 
of  the  life  of  the  franchise. 

§  201.    Bidding  for  the  franchise. 

(3)  At  the  time  of  opening  the  sealed  bids,  any  respon- 
sible person,  firm  or  corporation,  present  in  person,  or  repre- 
sented, may  bid  for  such  franchise  or  privilege  not  less  than 
one  fourth  of  one  per  cent  of  the  gross  annual  receipts 
above  the  highest  sealed  bid  therefor,  and  such  bid  so  made 
may  be  raised  not  less  than  one  fourth  of  one  per  cent  of 
the  gross  annual  receipts  by  any  other  responsible  bidder, 
and  such  bidding  may  continue  until  finally  such  franchise 
shall  be  struck  off,  sold  and  awarded  by  the  Council  to  the 
person,  firm  or  corporation  offering  the  highest  percentage 
of  the  gross  annual  receipts  arising  from  the  use,  operation 
or  possession  of  such  franchise ;  provided  that  if,  in  the 
judgment  of  the  Council,  no  adequate  or  responsible  bid  has 
been  made,  the  Council  may  withdraw  such  franchise  from 
sale  or  advertise  for  new  bids. 

§  202.    Deposit  as  guarantee  of  good  faith. 

(4)  Every  application  and  bid  for  franchises  under  this 


Charter  op  the  City  of  Berkeley  49 

article  shall  be  accompanied  by  a  cash  deposit  of  two  thou- 
sand dollars  or  a  certified  check  therefor  as  a  guarantee  of 
the  good  faith  of  the  applicant  or  bidder,  and  as  a  fund  out 
of  which  to  pay  all  expenses  connected  with  such  applica- 
tion and  the  granting  of  such  franchise. 

Upon  the  franchise  being  awarded,  all  deposits  made  by 
unsuccessful  bidders  shall  be  returned.  The  deposit  of  the 
successful  bidder  shall  be  retained  until  the  filing  and  ap- 
proval of  the  suret}^  bond  hereinafter  provided  for,  where- 
upon the  remainder  of  such  deposit,  after  the  payment  there- 
from of  all  expenses  incurred  by  the  City  in  connection  with 
the  advertising  and  awarding  of  such  franchise,  shall  be 
returned. 

§  203.    Free  competition  in  bidding. 

(5)  No  clause  or  condition  of  any  kind  shall  be  inserted 
in  any  franchise  or  grant  ofli'ered  or  sold  under  the  terms 
of  this  article  which  shall  directly  or  indirectly  restrict  free 
and  open  competition  in  bidding  therefor,  and  no  clause  or 
provision  shall  be  inserted  in  any  franchise  offered  for  sale 
which  shall  in  any  wise  favor  one  person,  firm  or  corpora- 
tion as  against  another  in  bidding  for  the  purchase  thereof. 

§  204.     Bond. 

(6)  The  successful  bidder  for  any  franchise  or  privilege 
awarded  under  this  article  shall  file  a  bond  running  to  the 
City  to  be  approved  by  the  Council,  in  the  penal  sum  by  it 
to  be  prescribed  and  set  forth  in  the  advertisement  for  bids, 
conditioned  that  such  bidder  shall  well  and  truly  observe 
and  faithfully  perform  each  and  every  term  and  condition 
of  such  franchise  and  that  in  case  of  any  breach  of  condition 
of  such  bond,  the  whole  amount  of  the  penal  sum  therein 
named  shall  be  taken  and  deemed  to  be  liquidated  damages 
and  shall  be  recoverable  from  the  principal  and  surety  upon 
such  bond. 

Such  bond  shall  be  filed  with  the  Council  within  five  days 
after  such  franchise  is  awarded,  and  within  thirty  days 
after  the  filing  and  approval  of  such  bond  such  franchise 
shall  by  the  Council  be  granted  by  ordinance  to  the  person, 
firm,  or  corporation  to  whom  it  shall  have  been  struck  off, 
sold,  or  awarded,  and  in  ease  such  bond  shall  not  be  so  filed, 
the  award  of  such  franchise  shall  be  set  aside  and  any 


50  Charter  op  the  City  of  Berkeley 

money  deposited  in  connection  with  the  awarding  of  the 
franchise  shall  be  forfeited  and  the  franchise  shall,  in  the 
discretion  of  the  Council,  be  readvertised  and  again  offered 
for  sale  in  the  same  manner  and  under  the  same  restrictions 
as  hereinbefore  provided. 
§  205.    Life  of  franchises. 

Sec.  78.     The  maximum  length  of  time  for  which  a  fran- 
chise or  privilege  to  use  the  streets,  highways,  waters,  or 
other  public  places  of  the  City  may  be  granted  to  any  per- 
son, firm  or  corporation  shall  be  thirty-five  (35)  years. 
§  206.     Beginning  and  completion  of  work. 

Sec.  79.  Work  under  any  franchise  granted  in  accord- 
ance with  the  terms  of  this  article  shall  be  commenced  in 
good  faith  within  not  more  than  four  months  from  the  date 
of  the  final  passage  of  the  ordinance  granting  such  fran- 
chise and  if  not  so  commenced  within  said  time,  said  fran- 
chise shall  be  forfeited.  Work  under  any  franchise  so 
granted  shall  be  completed  within  the  time  fixed  for  such 
completion  in  the  ordinance  granting  such  franchise,  which 
time  shall  be  not  more  than  three  years  from  the  date  of 
the  final  passage  of  the  ordinance  granting  said  franchise, 
and  if  not  so  completed  within  said  time,  said  franchise 
shall  be  forfeited;  provided,  that  if  good  cause  be  shown, 
the  Council  may  by  resolution  extend  the  time  for  comple- 
tion thereof  not  exceeding  three  months. 
§  207.     Service  and  accommodation. 

Sec.  80.  The  grant  of  every  franchise  or  privilege  shall 
be  subject  to  the  right  of  the  City,  whether  reserved  or  not, 
to  make  all  regulations  which  shall  be  necessary  to  secure 
in  the  most  ample  manner  the  safety,  welfare  and  accommo- 
dations of  the  public,  including  among  other  things  the  right 
to  pass  and  enforce  ordinances  to  protect  the  public  from 
danger  or  inconvenience  in  the  operation  of  any  work  or 
business  authorized  by  the  grant  of  the  franchise  q,nd  the 
right  to  make  and  enforce  all  such  regulations  as  shall  be 
reasonably  necessary  to  secure  adequate,  sufficient  and 
proper  service  and  accommodations  for  the  people  and 
insure  their  comfort  and  convenience. 
§  208.     Rates  and  charges. 

See.  81.     The  grant  of  every  franchise  or  privilege  shall 
be  subject  to  the  right  of  the  City,  whether  reserved  or  not, 


Charter  ok  the  City  of  Berkeley  51 

to  prescribe  and  regulate  the  rates,  fares,  rentals  or  charges 
made  for  the  service  rendered  under  such  franchise.  The 
grant  of  every  franchise  for  a  street,  suburban  or  interurban 
railroad  shall  provide  that  all  United  States  mail  carriers 
and  all  officials,  policemen  and  firemen  of  the  City  shall  at 
all  times,  while  in  the  actual  discharge  of  their  duties,  be 
allowed  to  ride  on  the  cars  of  such  railroad  within  the 
boundaries  of  the  City,  without  paying  therefor  and  with 
all  the  rights  of  other  passengers. 

§  209.    Right  of  City  to  assume  ownership. 

Sec.  82.  Every  ordinance  granting  any  franchise  shall 
provide  that  at  the  expiration  of  the  period  for  which  the 
franchii5e  was  granted,  or  at  any  time  before  as  stated  in 
the  ordinance,  the  City,  at  its  election  and  upon  the  pay- 
ment of  a  fair  valuation  therefor  to  be  made  in  the  manner 
provided  in  the  ordinance  making  the  grant,  may  purchase 
and  take  over  to  itself  the  property  and  plant  of  the  grantee 
in  its  entirety,  but  in  no  case  shall  the  value  of  the  franchise 
of  the  grantee  be  considered  or  taken  into  account  in  fixing 
such  valuation.  Or  it  may  be  provided  in  the  ordinance 
granting  any  franchise  that  the  property  and  plant  of  the 
grantee  shall,  at  the  expiration  of  the  period  for  which  the 
franchise  was  granted,  become  the  property  of  the  City, 
without  any  compensation  to  the  grantee. 

§  210.    No  conveyajice  necessary  for  City's  ownership. 

Sec.  83.  Every  ordinance  granting  any  franchise  shall 
further  provide  that  upon  the  payment  by  the  City  of  a  fair 
valuation  in  the  manner  provided  in  the  ordinance,  the  plant 
and  property  of  the  grantee  shall  become  the  property  of 
the  City  by  virtue  of  the  grant  in  payment  thereunder,  and 
without  the  execution  of  any  instrument  or  conveyance.  Or 
in  case  it  is  provided  in  the  ordinance  granting  any  fran- 
chise that  the  property  and  plant  of  the  grantee  shall,  at 
the  expiration  of  the  period  for  which  it  was  granted,  be- 
come the  property  of  the  City  without  any  compensation 
to  the  grantee,  the  property  and  plant  of  the  grantee  shall 
then  become  the  property  of  the  City  by  virtue  of  the  grant 
and  without  the  execution  of  any  instrument  or  conveyance. 

I  211.    Lease  or  assignment  of  franchise. 

Sec.  84.     Anv  franchise  granted  by  the  City  shall  not  be 


52  Charter  of  the  City  of  Berkeley 

leased,  assigned  or  otherwise  alienated  without'  the  express 
consent  of  the  City,  and  no  dealings  with  a  lessee  or  assignee 
on  the  part  of  the  City  to  require  the  performance  of  any 
act  or  payment  of  any  compensation  by  the  lessee  or  assignee 
shall  be  deemed  to  operate  as  such  consent;  provided,  that 
nothing  herein  shall  be  construed  to  prevent  the  grantees 
of  such  franchise  from  including  it  in  a  mortgage  or  trust 
deed  executed  for  the  purpose  of  obtaining  money  for  cor- 
porate objects. 

§  212.    Street  sprinkling,  cleaning  and  paving. 

Sec.  85.  Every  grant  of  any  franchise  or  privilege  in, 
over,  under  or  along  any  of  the  streets,  highways  or  public 
places  in  the  City  for  railway  purposes,  shall  be  subject  to 
the  conditions  that  the  person,  firm  or  corporation,  exer- 
cising or  enjoying  the  same  shall  sprinkle,  clean,  keep  in 
repair,  and  pave  and  repave  so  much  of  sa^d  street,  highway 
or  other  public  place  as  may  be  occupied  by  said  railway 
as  lies  between  the  rails  of  each  railway  track,  and  between 
the  lines  of  double  track,  and  for  a  space  of  two  feet  out- 
side of  said  tracks. 

§  213.    Examination  of  company's  books.    Audit. 

Sec.  86.  The  City  of  Berkeley,  by  its  Auditor,  Deputy 
Auditor,  or  accountants  authorized  by  the  Auditor,  or  by 
the  Council  shall  have  the  right  at  all  reasonable  times  to 
examine  all  the  books,  vouchers  and  records  of  any  person, 
firm  or  corporation  exercising  or  enjoying  any  franchise  or 
privilege  granted  by  the  City  for  the  purpose  of  verifying 
any  of  the  statements  of  gross  receipts  provided  for,  and  for 
any  other  purpose  whatsoever  connected  with  the  duties  or 
privileges  of  the  City  or  of  such  person,  firm  or  corporation 
arising  from  this  Charter  or  from  the  ordinance  granting 
the  franchise,  and  may  audit  the  same  at  the  end  of  each 
year. 

§  214.    Annual  reports  of  company. 

Sec.  87.  Every  person,  firm  or  corporation  operating  any 
business  under  a  franchise  granted  under  this  article  shall 
file  annually  with  the  City  Auditor  on  such  date  as  shall 
be  fixed  by  the  Council  a  report  for  the  preceding  year. 

Such  report  shall  be  in  writing,  verified  by  the  affidavit 
of  such  person  or  persons,  or  officer  of  the  corporation,  as 


Charter  op  the  City  of  Berkeley  53 

the  Council  shall  direct,  and  shall  contain  a  statement,  in 
such  form  and  detail  as  shall  from  time  to  time  be  prescribed 
by  the  Council  of  all  the  gross  receipts  arising  from  all  the 
business  done  by  said  person,  firm  or  corporation  within 
the  City  of  Berkeley  for  the  year  immediately  preceding 
such  report.  Such  report  shall  contain  such  further  state- 
ments as  may  be  required  by  the  Council  concerning  the 
character  and  amount  of  business  done  and  the  amount  of 
receipts  and  expenses  connected  therewith,  and  also  the 
amount  expended  for  new  construction,  repairs  and  better- 
ments during  such  year. 

§  215.    Payment  of  gross  receipts. 

Sec.  88.  The  stipulated  percentage  of  gross  receipts 
shall  be  paid  annually  at  the  time  of  filing  the  annual  report. 
Failure  to  pay  such  percentage  shall  work  a  forfeiture  of 
the  franchise.  The  provisions  as  to  payment  of  gross  re- 
ceipts shall  apply  to  every  person,  firm  or  corporation  using 
or  operating  the  works  constructed  under  such  franchise. 

§  216.     Forfeiture  for  non-compliance. 

Sec.  89.  Every  ordinance  granting  any  franchise  or 
privilege  shall  provide  for  the  termination  and  forfeiture 
thereof  for  any  breach  or  failure  to  comply  with  any  of  the 
terms,  limitations  or  conditions  thereof,  and  in  all  such  cases 
the  Council  shall  have  power  to  declare  the  termination  and 
forfeiture  of  any  such  franchise  or  privilege,  the  same  as 
though  in  each  instance  such  power  was  expressly  reserved. 

§  217.    Reservation  for  belt  lines. 

Sec.  00.  No  exclusive  right  or  privilege  shall  ever  be 
granted  by  the  City  or  Council  in,  to  or  upon  the  bed  of  the 
Bay  of  San  Francisco  beyond  the  line  of  mean  low  tide ; 
nor  shall  any  structure  be  erected  thereon  so  as  to  prevent 
the  construction  and  operation  of  belt  lines  of  railroads 
along  the  waterfront:  and  any  franchise  or  permit  for  a 
railroad  track  in,  over  or  upon  the  bed  of  the  Bay  of  San 
Francisco  shall  be  subject  to  the  right  of  any  other  railroad 
or  railroad  company  to  use  the  same  upon  payment  of  a 
reasonable  conipousation  therefor. 

§  218.    Franchise  not  in  use  forfeited. 

Sec.  91.  All  franchises  and  privileges  heretofore  granted 
bv  the  Citv  which  are  not  in  actual  use  or  enjoyment  or 


54  Charter  op  the  City  of  Berkeley 

which  the  grantees  thereof  have  not  in  good  faith  com- 
menced to  exercise,  shall  be  declared  forfeited  and  invalid, 
unless  such  grantees  or  their  assigns  shall,  within  six  months 
after  this  Charter  takes  effect,  in  good  faith  commence  the 
exercise  and  enjoyment  of  such  privilege  or  franchise. 

ARTICLE  XIII. 

THE    INITIATIVE. 

§  219.    Direct  legislation. 

Sec.  92.  (1)  Any  proposed  ordinance  may  be  submitted 
to  the  Council  by  a  petition  signed  by  registered  electors  of 
the  City  equal  in  number  to  the  percentage  hereinafter  re- 
quired. 

§  220.     Provisions  of  Section  5  apply. 

(2)  The  provisions  of  Section  5  of  Article  III  respecting 
the  forms  and  conditions  of  the  petition  and  the  mode  of 
verification  and  certification  and  filing  shall  be  substantially 
followed,  with  such  modification  as  the  nature  of  the  case 
requires. 

§  221.     Fifteen  per  cent  petition. 

(3)  If  the  petition  accompanying  the  proposed  ordinance 
be  signed  by  electors  equal  in  number  to  fifteen  per  centum 
of  the  entire  vote  cast  for  all  candidates  for  Mayor  at  the 
last  preceding  general  municipal  election  at  which  a  Mayor 
was  elected,  and  contain  a  request  that  said  ordinance  be 
submitted  forthwith  to  the  vote  of  the  people  at  a  special 
election,  then  the  Council  shall  either: 

(a)  Pass  said  ordinance  without  alteration  within  twenty 
days  after  the  attachment  of  the  Clerk's  certificate  of  suffi- 
ciency to  the  accompanying  petition  (subject  to  a  referen- 
dary vote,  under  the  provisions  of  Article  XIV  of  this  Char- 
ter) ;  or. 

(b)  Within  twenty-five  days  after  the  Clerk  shall  have 
attached  to  the  petition  accompanying  such  ordinance  his 
certificate  of  sufficiency,  the  Council  shall  proceed  to  call  a 
special  election  at  which  said  ordinance  without  alteration 
shall  be  submitted  to  a  vote  of  the  people. 

§  222.     Five  per  cent  petition. 

(4)  If  the  petition  l)e  signed  by  electors  equal  in  number 
to  at  least  five,  but  less  than  fifteen,  per  centum  of  the  entire 


Charter  op  the  City  of  Berkeley  55 

vote  cast  for  all  candidates  for  Mayor  at  the  last  preceding 
general  municipal  election  at  which  a  Mayor  was  elected, 
and  said  ordinance  be  not  passed  by  the  Council  as  provided 
in  the  preceding  subdivision,  then  such  ordinance,  without 
alteration,  shall  be  submitted  by  the  Council  to  a  vote  of 
the  people  at  the  next  general  municipal  election  that  shall 
occur  at  any  time  after  twenty  days  from  the  date  of  the 
Clerk's  certificate  of  sufficiency  attached  to  the  petition 
accompanying  such  ordinance. 
§  223.    Publication  of  Popular  Ordinance. 

(5)  Whenever  any  ordinance  or  proposition  is  required 
by  this  Charter  to  be  submitted  to  the  voters  of  the  City 
at  any  election  either  (a)  the  Council  shall  cause  the  ordi- 
nance or  proposition  to  be  printed  and  it  shall  be  the  duty 
of  the  Clerk  to  enclose  a  printed  copy  thereof  in  an  envelope 
with  a  sample  ballot  and  mail  the  same  to  each  voter,  at 
least  three  days  prior  to  the  election,  or  (b)  the  Council  may 
order  such  ordinance  or  proposition  to  be  printed  in  the  offi- 
cial newspaper  of  the  City  and  published  in  like  manner  as 
ordinances  adopted  by  the  Council  are  required  to  be  pub- 
lished, and  may  order  that  such  publication  shall  take  the 
place  of  the  printing  and  mailing  of  the  ordinance  or  propo- 
sition and  of  the  sample  ballots  as  first  above  provided. 

§  224.    Election. 

(6)  The  ballots  used  when  voting  upon  such  proposed 
ordinance  shall  contain  the  words,  "For  the  Ordinance"  (set- 
ting forth  in  full  the  title  thereof  and  stating  the  general 
nature  of  the  proposed  ordinance)  and  "Against  the  Ordi- 
nance," (setting  forth  in  full  the  title  thereof  and  stating 
the  general  nature  of  the  proposed  ordinance).  If  a  major- 
ity of  the  qualified  electors  voting  on  said  proposed  ordi- 
nance shall  vote  in  favor  thereof,  such  ordinance  shall  there- 
upon become  a  valid  and  binding  ordinance  of  the  City. 

§  225.     Several  ordinances  at  one  election. 

(7)  Any  number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election,  in  accordance  with  the  provisions 
of  this  article. 

!5  226.    Limit  to  special  elections. 

(8)  There  shall  not  be  held  under  this  article  of  the 
Charter  more  than  one  special  election  in  any  period  of  six 
months. 


56  Chakter  of  the  City  of  Berkeley 

§  227.    Repeal  of  popular  ordinance. 

(9)  The  Council  may  submit  a  proposition  for  the  repeal 
of  any  such  ordinance,  or  for  amendments  thereto,  to  be 
voted  upon  at  any  succeeding  general  municipal  election; 
and  should  such  proposition,  so  submitted,  receive  a  majority 
of  the  votes  cast  thereon  at  such  election,  such  ordinance 
shall  be  repealed  or  amended  accordingly.  An  ordinance 
proposed  by  petition,  or  adopted  by  a  vote  of  the  people, 
cannot  be  repealed  or  amended  except  by  a  vote  of  the 
people. 

§  228.     Further  regulations. 

(10)  The  Council  may,  by  ordinance,  make  such  further 
regulations  as  may  be  necessarj^  to  carry  out  the  provisions 
of  this  section,  and  to  adapt  the  provisions  of  Section  5  of 
Article  III  thereto. 

ARTICLE  XIV. 

THE   EEFERENDUM. 

§  229.    Mode  of  protesting  against  ordinances. 

Sec.  93.  No  ordinance  passed  by  the  Council  shall  go 
into  effect  before  thirty  days  from  the  time  of  its  final  pas- 
sage except  when  otherwise  required  by  the  general  laws 
of  the  State  or  by  the  provisions  of  this  Charter  respecting 
street  improvements,  and  except  the  ordinance  making  the 
annual  tax  levy,  and  except  an  ordinance  for  the  immediate 
preservation  of  the  public  peace,  health  or  safety,  which  con- 
tains a  statement  of  its  urgency,  and  is  passed  by  a  four- 
fifths  vote  of  the  Council;  provided,  that  no  grant  of  any 
franchise  shall  be  construed  to  be  an  urgency  measure,  but  all 
franchises  shall  be  subject  to  the  referendum  vote  herein  pro- 
vided. If  during  said  thirty  days  a  petition  signed  by  quali- 
fied electors  of  the  City  equal  in  number  to  at  least  ten  per 
centum  of  the  entire  vote  cast  for  all  candidates  for  Mayor 
at  the  last  preceding  general  municipal  election  at  which  a 
Mayor  was  elected,  protesting  against  the  passage  of  such 
ordinance,  be  presented  to  the  Council,  the  same  shall  there- 
upon be  suspended  from  going  into  operation  and  it  shall 
1)0  the  duty  of  the  Council  to  reconsider  such  ordinance,  and 
if  the  same  be  not  entirely  repealed,  the  Council  shall  sub- 
mit the  ordinance,  as  is  provided  in  Article  XIII  of  this 
Cliartor,  to  the  vote  of  the  electors  of  the  City,  either  at  the 


Charter  of  the  City  op  Berkeley  57 

next  general  municipal  election  or  at  a  special  election  to  be 
called  for  that  purpose,  and  such  ordinance  shall  not  go  into 
effect  or  become  operative  unless  a  majority  of  the  qualified 
electors  voting  on  the  same  shall  vote  in  favor  thereof.  The 
provisions  of  Section  5  of  Article  III  respecting  the  forms 
and  conditions  of  the  petition  and  the  mode  of  verification 
and  certification  and  filing  shall  be  substantially  followed, 
with  such  modifications  as  the  nature  of  the  case  requires, 

§  230.    Reference  of  measures  to  popular  vote. 

Sec.  94.  Any  ordinance  or  measure  that  the  Council  or 
the  qualified  electors  of  the  City  shall  have  authority  to 
enact,  the  Council  may  of  its  ow^l  motion  submit  to  the  elect- 
ors for  adoption  or  rejection  at  a  general  or  special  munic- 
ipal election,  in  the  same  manner  and  with  the  same  force 
and  effect  as  is  provided  in  this  Charter  for  ordinances  or 
measures  submitted  on  petition.  At  any  special  election 
called  under  the  provisions  of  this  Charter,  there  shall  be  no 
bar  to  the  submission  of  other  questions  to  a  vote  of  the 
electors  in  addition  to  the  ordinances  or  measures  herein  pro- 
vided for,  if  said  other  questions  are  such  as  may  legally 
be  submitted  at  such  election.  If  the  provisions  of  two  or 
more  measures  approved  or  adopted  at  the  same  election 
conflict  then  the  measure  receiving  the  highest  affirmative 
vote  shall  control. 

§  231.    Further  regulations. 

Sec.  95.  The  Council  may,  by  ordinance,  make  such 
further  regulations  as  may  be  necessarj^  to  carry  out  the 
provisions  of  this  Article,  and  to  Ojdapt  the  provisions  of 
Section  5  of  Article  III  thereto. 

ARTICLE  XV. 

THE    PUBLIC    SCHOOLS. 

§  232.    The  Board  of  Education. 

Sec.  96.  The  Board  of  Education  shall  have  entire  control 
and  management  of  the  public  schools  in  the  City  in  accord- 
ance with  the  Constitution  and  general  laws  of  the  State, 
and  is  hereby  vested  with  all  the  powers  and  charged  with 
all  the  duties  provided  by  this  Charter  and  by  the  general 
laws  of  the  State  for  Citv  Boards  of  Education. 


58  Charter  of  the  City  of  Berkeley 

§  233.     President  of  the  Board. 

Sec.  97.  The  Board  of  Education  shall  annually  elect 
one  of  its  own  members  to  be  President  of  the  Board.  He 
may  be  removed  by  the  affirmative  vote  of  four  members. 
The  President  shall  have  no  other  vote  than  his  vote  as  mem- 
ber of  the  Board. 

§  234.    Meetings. 

Sec.  98.  The  Board  of  Education  shall  meet  at  such  times 
as  may  be  designated  by  resolution  of  said  Board  and  in  the 
place  provided  therefor  by  the  Council.  The  Board  shall 
provide  the  manner  in  which  special  meetings  shall  be  called. 

§  235.     Quorum. 

See.  99.  Three  members  of  the  Board  shall  constitute  a 
quorum,  and  the  affirmative  votes  of  three  members  shall  be 
necessary  to  pass  any  measure,  but  a  less  number  than  three 
may  adjourn  from  day  to  day  and  compel  the  attendance  of 
absent  members  in  such  manner  as  the  Board  may  prescribe. 

§  236.     Rules  of  proceedings. 

Sec.  100.  The  Board  of  Education  may  determine  the 
rules  of  its  proceedings. 

§  237.    Meetings  to  be  public. 

Sec.  101.  All  meetings  of  the  Board  of  Education  shall 
be  public. 

§  238.     Superintendent  of  Schools. 

Sec.  102.  The  Board  of  Education  shall  appoint  a  Super- 
intendent of  Schools  and  fix  his  compensation. 

§  239.     Powers  and  duties  of  the  Superintendent. 

Sec.  103.  The  Superintendent  of  Schools  shall  be  the 
executive  officer  of  the  Board  of  Education  and  he  shall  give 
his  full  time  to  the  duties  of  his  office.  He  shall  be  subject 
only  to  the  Board  of  Education  and  all  orders  of  the  Board 
relating  to  the  direction  of  the  principals,  teachers,  and  jan- 
itors shall  be  given  through  him.  He  must  examine  all  plans 
for  the  construction  or  reconstruction  of  school  buildings 
and  report  in  writing  to  the  Board  any  objections  he  may 
find  thereto.  Tie  shall  have  supervision  of  the  course  of 
instruction  and  of  the  discipline  and  conduct  of  the  schools. 
He.  or  a  Deputy  Superintendent,  may  be  required  to  act  as 
Secretary  of  the  Board  of  Education. 


Charter  of  the  City  of  Berkeley  59 

§  240.  Powers  of  Superintendent  with  reference  to  teachers. 
Sec.  104.  The  Superintendent  of  Schools  shall  nominate 
and  recommend  all  teachers  and  principals  for  election  by 
the  Board  of  Education.  He  shall  assign  all  teachers  and 
principals  and  make  all  transfers  necessary  to  the  success- 
ful operation  of  the  schools. 

§  241.     Election  of  teachers. 

See.  105.  The  Board  of  Education  shall  elect  all  teachers, 
but  only  from  a  list  of  candidates  nominated  and  recom- 
mended by  the  Superintendent  of  Schools.  The  Board  of 
Education  may  make  rules  in  accordance  with  which  the 
Superintendent  must  make  such  nominations  and  recom- 
mendations. 

§  242.     Tenure  of  teachers. 

Sec.  106.  For  the  first  two  years  of  their  service  in  the 
School  Department  of  the  City,  teachers  shall  be  subject  to 
annual  election.  After  two  years'  service  they  shall  be 
elected  for  a  term  of  three  years. 

§  243.     School  warrants. 

Sec.  107.  Every  claim  payable  out  of  the  School  Fund 
shall  be  filed  with  the  Secretary  of  the  Board  of  Education, 
and  after  it  shall  have  been  approved  by  the  Board  a  certifi- 
cate of  such  approval  shall  be  endorsed  thereon,  signed  by 
the  President  and  Secretary,  and  a  warrant  upon  the  School 
Fund  shall  be  issued  thereon  for  the  payment  of  such  claim. 
Said  warrant  shall  be  signed  by  the  President  and  counter- 
signed by  the  Secretary  and  shall  specify  the  purpose  for 
which  it  is  drawn  and  receive  the  approval  of  the  Auditor 
as  provided  in  Section  61. 

§  244.    Annual  estimate  of  expenses. 

Sec.  108.  The  Board  of  Education  shall  annually,  on  such 
date  as  shall  be  fixed  by  the  Council,  submit  in  writing  to 
the  Council  a  careful  estimate  of  the  whole  amount  of  money 
to  be  received  from  the  State  and  County  for  the  support 
of  the  public  schools  in  the  City,  together  with  a  careful 
estimate  of  the  amounts,  specifying  in  detail  the  objects 
thereof,  required  from  the  City  for  the  adeijuate  support  of 
the  public  schools  for  the  ensuing  year.  The  amount  esti- 
mated to  be  required  from  the  City  shall,  subject  to  the 


60  Charter  of  the  City  of  Berkeley 

provisions  of  this  Charter,  be  assessed  and  collected  in  the 
annual  tax  levy.  The  proceeds  of  such  tax  shall  be  immedi- 
ately paid  into  the  School  Fund  of  the  City,  to  be  drawn  out 
only  upon  the  order  of  the  Board  of  Education. 

ARTICLE  XVI. 

MISCELLANEOUS. 

§  245.    When  this  Charter  takes  effect. 

Sec.  109.  For  the  purpose  of  nominating  candidates  and 
electing  Mayor,  Auditor,  Councilmen  and  School  Directors 
in  accordance  with  this  Charter,  this  Charter  shall  take  effect 
from  the  time  of  the  approval  of  the  same  by  the  Legis- 
lature ;  for  all  other  purposes  it  shall  take  effect  on  the  first 
day  of  July,  1909. 

§  246.    First  election  under  this  Charter. 

Sec.  110.  The  Board  of  Trustees  of  the  Town  of  Berkeley 
in  office  at  the  time  this  Charter  is  approved  by  the  Legis- 
lature shall  provide  for  the  holding  of  the  first  election  of 
officers  under  this  Charter,  shall  canvass  the  votes,  declare 
the  result  and  approve  the  bonds  of  all  officers  elected  at 
such  election. 

§  247.    Terms  of  incumbents  in  office. 

Sec.  111.  The  members  of  the  Board  of  Trustees,  the 
Auditor,  and  the  members  of  the  Board  of  Education  in 
office  at  the  time  of  the  approval  of  this  Charter  by  the 
Legislature  shall  continue  to  hold  office  and  discharge  their 
duties  until  the  election  and  qualification  of  the  Mayor, 
Auditor,  Councilmen  and  School  Directors,  respectively, 
first  elected  under  this  Charter. 

The  term  of  each  of  all  the  other  officers  in  office  at  the 
time  this  Charter  takes  effect  shall  cease  and  terminate  when 
the  Council  first  elected  hereunder  shall  by  resolution  so 
declare. 

§  248.    Existing  ordinances  continued  in  force. 

Sec.  112.  All  lawful  City  ordinances,  resolutions  and 
regulations  in  force  at  the  time  this  Charter  takes  effect  and 
not  inconsistent  with  the  provisions  thereof  are  hereby  con- 
tinued in  force  until  the  same  shall  be  duly  amended  or  re- 
l)ealed. 


Charter  of  the  City  of  Berkei^y  61 

§  249.     Conduct  of  legal  proceedings. 

Sec.  113.  The  City  Attorney  shall  prosecute,  in  behalf  of 
the  people,  all  criminal  cases  arising  from  violations  of  the 
provisions  of  this  Charter  and  the  ordinances  of  the  City, 
and  shall  attend  to  all  suits  and  proceedings  in  which  the 
City  may  be  legally  interested;  provided,  the  Council  shall 
have  control  of  all  litigation  of  the  City  and  may  employ 
other  attorneys  to  take  charge  of  any  litigation  or  to  assist 
the  City  Attorney  therein. 

§  250.    Violation  of  Charter  and  ordinances. 

Sec.  114.  The  violg,tion  of  any  provision  of  this  Charter 
or  of  any  ordinance  of  the  City  shall  be  deemed  a  misde- 
meanor, and  may  be  prosecuted  by  the  authorities  of  the 
City  in  the  name  of  the  people  of  the  State  of  California,  or 
may  be  redressed  by  civil  action,  at  the  option  of  said  author- 
ities. Any  person  sentenced  to  imprisonment  for  the  viola- 
tion of  a  provision  of  this  Charter  or  of  an  ordinance  may 
be  imprisoned  in  the  City  jail,  or,  if  the  Council  by  ordinance 
shall  so  prescribe,  in  the  county  jail  of  the  county  in  which 
the  City  of  Berkeley  is  situated,  in  which  case  the  expense 
of  such  imprisonment  shall  be  a  charge  in  favor  of  such 
county  against  the  City  of  Berkeley. 

^  „>,  CERTIFICATE. 

Whereas,  The  Town  of  Berkeley,  a  city  containing  a 
population  of  more  than  ten  thousand  and  less  than  one 
hundred  thousand  inhabitants,  on  the  twenty-first  day  of 
November,  nineteen  hundred  and  eight,  at  a  special  election, 
and  under  and  in  accordance  with  the  provisions  of  section 
eight,  article  eleven  of  the  Constitution  of  the  State  of  Cali- 
fornia, did  elect  R.  A.  Berry,  C.  A.  Blank,  J.  W.  Flinn,  F.  W. 
Foss,  John  M.  Foy,  Beverly  L.  Hodghead.  Christian  Hoff. 
William  Carey  Jones,  E.  E.  Newton,  J.  T.  Renas,  J.  W. 
Richards,  J.  T.  Short,  J.  L.  Tisdale,  Benjamin  Ide  Wheeler 
and  S.  N.  Wyckoff  a  Board  of  Fifteen  Freeholders  to  pre- 
pare and  propose  a  Charter  for  said  city ; 

BE  IT  KNOWN,  That  in  pursuance  of  said  provision  of 
the  Constitution  and  within  a  period  of  ninety  days  after 
said  election,  said  Board  of  Freeholders  has  prepared  and 


62  Charter  of  the  City  op  Berkeley 

does  propose  the  foregoing  as  and  for  the  Charter  of  the 
City  of  Berkeley,  and  that  in  submitting  and  proposing  such 
Charter,  the  Board  of  Freeholders,  pursuant  to  said  provision 
of  the  Constitution,  also  presents  therewith  for  the  choice  of 
the  voters,  and  to  be  voted  on  separately,  without  prejudice 
to  the  other  provisions  contained  in  the  Charter,  an  alterna- 
tive proposition  hereinafter  stated. 

Said  alternative  proposition  shall,  if  approved  by  the  vot- 
ers, take  the  place  of  subdivision  29  of  Section  49,  Article 
IX  of  the  proposed  Charter,  which  reads  as  follows:  "To 
license  for  purposes  of  regulation  and  revenue  all  and  every 
kind  of  business  not  prohibited  by  law  to  be  transacted  or 
carried  on  in  the  City;  to  fix  the  rates  of  licenses  upon  the 
same,  and  to  provide  for  the  collection  thereof  by  suit  or 
otherwise." 

Said  alternative  proposition  shall  be  submitted  to  the 
voters  for  their  approval  or  rejection  at  the  same  election 
at  which  the  Charter  shall  be  submitted,  and  upon  the  ballots 
shall  be  printed :  "Shall  the  alternative  proposition,  prohib- 
iting the  sale  of  liquor,  take  the  place  of  subdivision  29,  Sec- 
tion 49,  Article  IX  ?" 

Said  alternative  proposition  is  as  follows : 

„  rtco  ALTERNATIVE   PROPOSITION. 

S  202. 

(29)  To  license  for  purposes  of  regulation  and  rev- 
enue all  and  every  kind  of  business  not  prohibited  by  law  to 
be  transacted  or  carried  on  in  the  City;  to  fix  the  rates  of 
licenses  upon  the  same,  and  to  provide  for  the  collection 
thereof  by  suit  or  otherwise ;  provided,  however,  that  the 
Council  shall  have  no  power  to  license  the  sale  of  any  spirit- 
uous, malt,  vinous  or  alcoholic  liquors;  and  every  person 
who,  within  the  boundaries  of  the  City  of  Berkeley,  sells,  bar- 
ters, gives  away  or  exposes  for  sale  any  such  liquors,  shall 
be  deemed  guilty  of  a  misdemeanor.  Nothing  in  this  sec- 
tion shall  prevent  the  Council  from  regulating  the  sale  of 
such  liquors  by  a  regularly  licensed  druggist  for  medicinal 
purposes  upon  the  written  prescription  of  a  practicing  physi- 
cian entitled  to  practice  medicine  under  the  laws  of  the  State 
of  California,  or  the  sale  of  such  liquors  for  chemical,  me- 
chanical or  scientific  purposes. 


Charter  op  the  City  of  Berkeley  63 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands 
in  duplicate  this  fourteenth  day  of  December,  one  thousand 
nine  hundred  and  eight. 

WM.  CAREY  JONES,  President ; 

R.  A.  BERRY 

C.  A.  BLANK 

F.  W.  FOSS 

JOHN  M.  FOY 

BEVERLY  L.  HODGHEAD 

C.  HOFF 

E.  E.  NEWTON 

J.  T.  RENAS 

J.  W.  RICHARDS 

J.  T.  SHORT 

J.  L.  TISDALE 

BENJ.  IDE  WHEELER 

S.  N.  WYCKOFF 
Attest : 

J.  W.  FLINN,  Secretary. 
§253. 

State  of  California, 


County  of  Alameda,  Town  of  Berkeley 

I.  Francis  Ferrier,  President  of  the  Board  of  Trustees  of 
the  Town  of  Berkeley,  State  of  California,  do  hereby  certify 
that  the  Board  of  Freeholders,  whose  names  appear  signed 
to  the  foregoing  proposed  Charter,  were  on  the  21st  day  of 
November,  1908,  at  a  special  municipal  election  held  in  said 
town  of  Berkeley  on  said  day.  duly  elected  by  the  qualified 
electors  of  said  town  to  prepare  and  propose  a  charter  for 
said  town ;  that  each  of  said  freeholders  has  been  a  qualified 
elector  and  freeholder  in  said  town  for  more  than  five  (5) 
years  previous  to  said  election ;  that  the  foregoing  is  a  true 
copy  of  said  Charter  prepared  and  returned  to  me  as  Presi- 
dent of  said  Board  of  Trustees  within  ninety  (90)  days  after 
said  election,  as  required  by  Section  8  of  Article  XI  of  the 
Constitution  of  this  State ;  that  said  proposed  charter  was 
then  published  in  the  "Berkeley  Reporter"  and  in  "The 
Berkeley  Independent,"  which  then  were  daily  newspapers 
of  general  circulation  in  said  town,  and  that  publication  was 
made  for  more  than  twenty  (20)  days,  and  that  the  first 
publication    of    said    proposed    Charter    was    made    within 


64  Charter  op  the  City  op  Berkeley 

twenty  (20)  days  after  the  completion  of  said  Charter;  that 
within  thirty  (30)  days  after  the  publication  of  said  Charter, 
as  required  in  said  Section  8,  to  wit, — on  the  30th  day  of 
January,  1909,  said  Charter  was  submitted  at  a  special  elec- 
tion duly  called  and  held  therein  for  the  purpose  of  ratify- 
ing or  rejecting  said  proposed  Charter  and  the  alternative 
proposition  submitted  therewith ;  that  by  a  majority  of  the 
votes  of  the  qualified  electors  voting  at  said  election  said 
proposed  charter  was  ratified  as  a  whole,  excepting  that  the 
alternative  proposition  therein  contained,  being  separately 
voted  on,  was  ratified  by  a  majority  of  such  votes  and  was 
thereafter  chosen  and  substituted  for  subdivision  29  of  Sec- 
tion 49  of  Article  IX  of  said  proposed  Charter;  that  the 
returns  of  said  election  were  duly  canvassed  by  the  Board 
of  Trustees  of  said  Town  of  Berkeley  on  the  3d  day  of  Feb- 
ruary, 1909,  and  the  result  thereof  declared  as  above  set 
forth;  and  that  in  all  matters  and  things  pertaining  to  said 
proposed  charter,  all  provisions  of  said  section  of  the  Consti- 
tution and  the  laws  of  the  State  of  California  pertaining  to 
the  adoption  of  the  Charter  have  been  fully  complied  with 
in  every  particular. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  corporate  seal  of  said  Town  of  Berkeley  to 
be  affixed  this  3d  day  of  February,  1909. 

FRANCIS  FERRIER, 

(SEAL)  President  of  the  Board  of  Trustees  of 

the  Town  of  Berkeley. 

Attest :     J.  V.  MENDENHALL, 

Town  Clerk  of  said  Town  of  Berkeley. 
§254. 

Chapter  17.  Assembly  Concurrent  Resolution  No.  10. 
Approving  the  Charter  of  the  Town  of  Berkeley,  State 
of  California,  and  the  alternative  proposition  submitted 
therewith,  voted  for  and  ratified  by  the  qualified  electors  of 
said  town  at  a  special  municipal  election  held  therein  for 
the  purpose  on  the  30th  day  of  January,  1909. 

§255. 

Whereas,  the  Town  of  Berkeley,  a  municipal  corpora- 
tion of  the  County  of  Alameda,  State  of  California,  now  is 
and  was  at  all  times  herein  referred  to  a  city  containing  a 


Charter  op  the  City  of  Berkeley  65 

population  of  more  than  ten  thousand  (10,000)  inhabitants; 

and 

§  256. 

Whereas,  at  a  special  election  duly  held  in  said  town  on 
the  21st  day  of  November,  1908  under  and  in  accordance 
with  law  and  the  provisions  of  Section  8  of  Article  XI,  of 
the  Constitution  of  the  State  of  California,  a  Board  of  Fif- 
teen Freeholders,  duly  qualified  was  elected  in  and  by  said 
Town  by  the  qualified  electors  thereof  to  prepare  and  pro- 
pose a  charter  for  the  government  of  said  town ;  and 
§257. 

Whereas,  said  Board  of  Freeholders  did  within  ninety  (90) 
days  after  said  election  prepare  and  propose  a  Charter  for 
the  government  of  said  Town  of  Berkeley ;  and 
§258. 

Whereas,  said  Charter  was  on  the  14th  day  of  Decem- 
ber, 1908,  signed  in  duplicate  by  the  members  of  said  Board 
of  Freeholders  and  was  thereupon  duly  returned  and  filed, 
one  copy  with  the  president  of  the  Board  of  Trustees  of  said 
Town  of  Berkeley  and  the  other  copy  with  the  County  Re- 
corder of  said  County  of  Alameda  and  filed  in  the  office  of 
said  Recorder;  and 
§259. 

Whereas,  said  proposed  Charter  was  thereafter  pub- 
lished in  the  "Berkeley  Reporter"  and  in  "The  Berkeley 
Independent,"  each  being  a  newspaper  of  general  circulation 
in  said  Town  of  Berkeley,  and  said  Charter  being  published 
as  aforesaid  for  a  period  of  more  than  twenty  (20)  days  the 
first  publication  thereof  being  made  within  twenty  (20)  days 
after  the  completion  of  said  Charter ;  and 
§260. 

Whereas,  said  proposed  Charter  was  within  thirty  (30) 
days  after  the  completion  of  said  publication  submitted 
by  the  Board  of  Trustees  of  the  Town  of  Berkeley  to  the 
qualified  electors  of  said  Town  of  Berkeley  at  a  special  elec- 
tion previously  duly  called  and  therein  held  on  the  30th  day 
of  January,  1909 ; 
§261. 

Whereas,  at  said  last  mentioned  special  election,  a   ma- 
jority of  said  qualified  electors  of  said  Town  of  Berkeley, 


66  Charter  of  the  City  of  Berkeley 

voting  at  said  special  election  voted  in  favor  of  the  ratifica- 
tion of  said  Charter  as  proposed  as  a  whole,  excepting  that 
a  majority  of  said  qualified  electors  voting  at  said  election 
voted  in  favor  of  the  ratification  of  the  alternative  proposi- 
tion, which  alternative  proposition  was  thereafter  chosen  and 
substituted  for  subdivision  29  of  Section  49,  Ai'ticle  IX  of 
said  proposed  Charter;  and 

§262. 

Whereas,  said  Board  of  Trustees  after  canvassing  said 
returns  found  and  decided  that  the  majority  of  said  qualified 
electors  voting  at  said  special  election  had  voted  for  rati- 
fying said  Charter  as  above  specified;   and 

§263. 

Whereas,  the  same  is  now  submitted  to  the  Legislature 
of  the  State  of  California,  for  its  approval  and  ratifi- 
cation as  a  whole  without  power  of  alteration  or  amendment 
in  accordance  with  Section  8  of  Article  XI  of  the  Constitu- 
tion of  the  State  of  California ;  and 

§264. 

Whereas,  said  Charter  was  ratified  in  the  words  and 
figures  following,  to-wit:  (Then  follows  the  context  of 
Charter,  as  hereinbefore  set  forth). 

§265. 

And,  whereas,  said  proposed  Charter,  with  said  alter- 
native proposition  so  ratified,  has  been  duly  presented  and 
submitted  to  the  Legislature  of  the  State  of  California,  for 
approval  or  rejection,  without  power  of  alteration  or  amend- 
ment, in  accordance  with  Section  8  of  Article  XI  of  the  Con- 
stitution of  the  State  of  California ; 

Now,  therefore,  be  it 

§266. 

RESOLVED  BY  THE  ASSEMBLY  OF  THE  STATE 
OF  CALIFORNIA,  THE  SENATE  THEREOF  CONCUR- 
RING (a  majority  of  all  members  elected  to  each  house  vot- 
ing for  the  adoption  of  this  resolution  and  concurring 
therein)  that  said  Charter  of  the  Town  of  Berkeley,  includ- 
ing said  alternative  proposition,  as  presented  to,  adopted 
and  ratified  by  the  qualified  electors  of  said  town,  be.  and 


Charter  op  the  City  of  Berkeley  67 

the  same  is  hereby,  approved  as  a  whole  as  and  for  the 
Charter  of  the  said  Town  of  Berkeley. 

P.  A.  STANTON, 

Speaker  of  the  Assembly. 
W.  R.  PORTER, 

President  of  the  Senate. 
Attest:    C.  F.  CURRY, 

Secretary  of  State. 
Endorsed  and  filed  in  ofiice  of  Secretary  of  State,  the 
fourth  day  of  March,  A.  D.  1909,  at  10:50  a.  m. 

C.  F.  CURRY, 

Secretary  of  State. 
J.  HOESCH, 
Deputy. 
§267. 

State  of  California,  1 

County  of  Alameda,  Town  of  Berkeley.*  j 

f.  Francis  Ferrier,  President  of  the  Board  of  Trus- 
tees and  chief  executive  officer  of  the  Town  of  Berkeley, 
County  of  Alameda,  State  of  California,  hereby  certifj'^  that 
the  foregoing  is  what  is  proposed  to  be  a  copy  of  the  Char- 
ter of  the  City  of  Berkeley  which  was  delivered  to  me 
as  stated  in  the  preamble  attached  hereto,  the  same  as  re- 
quired in  Section  8  of  Article  XI  of  the  Constitution  of  the 
State  of  California,  that  the  statements  contained  in  said 
preamble  and  in  the  certificate  attached  to  and  following 
said  charter  are  true ;  that  the  said  Charter  has  been  sub- 
mitted to  the  electors  of  the  Town  of  Berkeley  and  has 
been  ratified  by  them  and  that  said  Charter  has  been  ap- 
proved by  the  Legislature  of  the  State  of  California. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  corporate  seal  of  said  town  of  Berkeley  to 
be  affixed  this  eleventh  day  of  March,  1909. 

FRANCIS  FERRIER. 
President  of  the  Board  of  Trustees  of 
the  To^vn  of  Berkeley. 
Attest:    J.  V.  MENDENHALL, 

Town  Clerk  of  said  Town  of  Berkeley. 
(SEAL) 

M  29247 
BCT.  Indexed 


68  Charter  of  the  City  of  Berkeley 

Kecorded  at  the  request  of  the  Town  of  Berkeley  at  35 
minutes  past  two  p.  m.,  March  11,  1909,  in  liber  36,  page  113, 
Miscellaneous  Records  of  Alameda  County. 

A.  K.  GRIM, 
County  Recorder. 


THE  UNIVERSITY  OF  CALIFORNIA. 

By  Prof.  William  Carey  Jones, 
A  Member  of  the  Faculty. 

The  formal  act  legally  establishing  the  University  'of 
California,  known  as  the  Organic  Act,  or  Charter,  and 
passed  by  the  State  Legislature,  was  approved  by  the  gov- 
ernor on  March  23,  1868.  This  date  is  annually  celebrated 
as  the  birthday  of  the  University  with  appropriate  academic 
ceremony.  The  occasion  is  usually  marked  by  the  delivery 
of  an  address  by  some  distinguished  person  in  the  Greek 
Theater. 

Back  of  this  date  in  1868  three  forces,  which  then  culmi- 
nated in  the  University  of  California,  had  long  been  at  work. 
The  first  force  originated  in  private  initiative,  the  second  in 
State  sentiment,  the  third  in  the  policy  of  the  national  gov- 
ernment. 

Uninterrupted  college  instruction  began  in  the  College  of 
California,  which  opened  its  doors  in  Oakland  in  1860. 
This  institution  was  of  the  traditional  American,  Christian, 
but  undenominational,  type  of  college.  Six  classes  were 
graduated  from  it  during  the  years  from  1864  to  1869.  This 
college  secured  for  its  permanent  home  a  tract  of  one  hun- 
dred and  sixty  acres,  now  enlarged  to  some  two  hundred 
and  fifty,  five  miles  north  of  Oakland.  In  1860  this  spot  was 
formally  dedicated  to  the  purposes  of  education,  and  in  1866 
the  surrounding  town-site  was  given  the  name  of  Berkeley. 

The  Constitutional  Convention  of  1849  made  various  pro- 
visions which  looked  to  the  ultimate  establishment  of  a  State 
University.  Allotment  of  public  lands  and  public  funds 
was  turned  in  that  direction.  In  1853  Congress  gave  to  the 
State  46,080  acres  for  a  seminary  of  learning,  and  in  1862 
California's  share  coming  under  the  great  Morrill  Act  was 
150,000  acres. 

In  the  sixties,  then,  these  three  influences  converged.  In 
1866  a  bill  was  passed  by  the  State  Legislature  devoting  the 


Charter  op  the  City  of  Berkeley  69 

federal  land  grants  to  a  polytechnic  school.  In  1867  the 
trustees  of  the  College  of  California  made  a  proposition  to 
turn  over  to  the  State  the  matchless  domain  at  Berkeley, 
together  with  other  valuable  assets,  provided  the  State 
would  build  upon  this  site  a  University  of  California,  merg- 
ing in  the  foundation  thereof  all  State  and  federal  grants, 
and  embracing  in  its  educational  organization  classical,  sci- 
entific and  technical  colleges.  All  this  was  accomplished 
and  took  permanent  form  on  March  23,  1868.  The  new  Con- 
stitution in  1879  reaffirmed  in  its  entirety  the  legislative 
enactment  of  1868. 

The  University  has  always  endeavored  to  stand  in  vital 
and  useful  relation  to  the  manifold  activities  of  the  State. 
This  has  been  conspicuously  true  with  respect  to  the  work 
of  the  College  of  Agriculture.  Through  Farmers'  Institutes, 
through  bulletins  and  through  professional  visits  to  farm, 
garden,  orchard  and  vineyard,  the  University  is  constantly 
ready  to  render  aid,  advices  and  instruction  in  order  to  re- 
lieve agricultural  emergencies  and  to  solve  agricultural 
problems  in  the  State.  The  acquisition  of  a  farm  of  seven 
hundred  and  seventy-nine  acres  in  the  Sacramento  Valley, 
and  of  the  great  Kearney  domain  in  the  San  Joaquin  Valley, 
valued  at  a  million  and  a  half  of  dollars,  through  the  gen- 
erous provision  of  the  late  M.  Theo.  Kearney,  has  greatly 
enlarged  the  scope  of  the  University's  work  in  agriculture. 

The  University  of  California  has  been  a  leader  in  the  plan 
of  accrediting  high  schools,  and  its  system  has  been  regarded 
as  a  model.  The  main  purpose  of  the  University  herein  has 
been  from  the  first  to  aid  in  unifying  the  whole  system  of 
secondary  and  higher  education  throughout  the  State. 

University  extension  lectures  have  been  given  since  1891, 
and  since  1902  there  has  been  a  regularly  organized  Depart- 
ment of  University  Extension,  with  a  corps  of  instructors 
whose  duties  are  mainly  or  entirely  devoted  to  this  field  of 
work. 

Since  1899  there  has  been  held  at  Berkeley  annually  a 
summer  school  of  large  and  general  scope.  A  large  corps 
of  instructors  is  engaged  from  American  and  European 
universities.  Each  session  is  made  conspicuous  by  the  pres- 
ence of  several  world-famous  lecturers  and  specialists. 
Teachers  and  students,  not  onlv  from  California  but  from 


70  Charter  of  the  City  op  Berkeley 

all  parts  of  the  country,  resort  hitherto  to  take  advantage 
of  these  exceptional  opportunities  in  an  unexcelled  climate. 
The  resident  of  Berkeley  has  likewise  throughout  the  year 
the  benefit  of  lectures  not  only  by  the  professors  of  the  Uni- 
versity but  by  persons  from  abroad  who  are  engaged  to  give 
special  courses. 

On  the  campus  at  Berkeley  there  had  been  erected  from 
time  to  time  such  buildings  as  the  occasion  imperatively 
demanded.  They  were  of  greater  or  less  permanence  and  of 
varying  styles  of  architecture.  In  1896,  at  the  suggestion  of 
Mr.  B.  R.  ]\Ia3^beck,  then  instructor  in  architectural  draw- 
ing, a  proposition  looking  to  a  general  building  scheme  was 
introduced  into  the  Board  of  Regents  and  fostered  there 
and  thereafter  by  Regent  J.  B.  Reinstein.  A  resolution  was 
adopted  by  this  board  to  have  a  program  for  a  permanent 
and  comprehensive  system  of  buildings  thrown  open  to  inter- 
national competition.  Before  this  resolution  was  put  into 
effective  operation  it  came  to  the  notice  of  Mrs.  Phoebe 
A.  Hearst,  who  had  then  in  contemplation  a  building  at  the 
University  in  memory  of  her  husband,  the  late  Senator 
George  Hearst.  Mrs.  Hearst  at  once  wrote  to  the  board, 
expressing  her  desire  to  promote  the  proposed  competition 
and  requesting  permission  to  defray  all  the  expenses  thereof. 
This  noble  and  munificent  offer  was  enthusiastically  ac- 
cepted. 

A  Board  of  Trustees  of  the  Phoebe  A.  Hearst  Architec- 
tural Competition  was,  at  Mrs.  Hearst's  request,  appointed, 
consisting  of  Governor  James  H.  Budd.  Regent  J.  B.  Rein- 
stein and  Professor  William  Carey  Jones.  Two  competi- 
tions were  held,  a  preliminary  one  at  Antwerp  and  a  final 
one  at  San  Francisco.  Of  one  hundred  and  five  plans  pre- 
sented at  the  first  competition,  eleven  were  selected  by  the 
international  jury  of  architects  for  the  final  contest.  The 
second  contest  resulted  in  the  award  of  first  prize  to  M. 
P^niilc  Benard  of  Paris. 

To  adapt  and  carry  out  the  Benard  plan  the  Board  of 
Regents  appointed  Mr.  John  Galen  Howard  to  be  supervis- 
ing architect  of  the  University.  The  first  structure  com- 
ph'l«'d  in  execution  of  this  plan  was  the  Greek  Theater,  the 
gift  of  :\Ir.  William  Randolph  Hearst.  The  Greek  Theater 
is  an  oj)en-air  auditorium  of  great  and  unique  beauty,  lying 


I 


Charter  op  the  City  op  Berkeley  71 

in  a  hollow  of  the  hills  and  surrounded  with  trees.  It  seats 
over  7,000  persons  and  possesses  perfect  acoustic  properties. 
It  is  used  for  greater  university  occasions,  and  for  musical 
and  dramatic  performances,  both  in  the  da^vtime  and  in  the 
evening.  The  symphony  concerts  held  therein  have  become 
an  important  feature  in  the  life  of  the  community.  The 
second  building  to  be  completed  in  accordance  with  this 
scheme  was  California  Hall,  erected  through  appropriations 
made  by  the  State  Legislature  and  devoted  to  lecture  rooms 
and  the  administration  offices.  The  structural  elements  of 
this  building  and  of  all  others  in  the  plan  are  a  steel  frame 
and  beautiful  and  solid  blocks  of  granite  set  in  the  best  of 
concrete. 

The  third  building  of  this  new  system  is  the  majestic  and 
monumental  Hearst  Memorial  Mining  Building,  erected  and 
equipped  at  the  sole  expense  of  Mrs.  Hearst,  and  supplying 
the  mining  department  with  unsurpassed  accommodation. 
A  fourth  building,  now  in  course  of  construction,  is  the  Doe 
Library,  a  magnificent  structure,  to  contain  spacious  reading 
rooms  and  stacks  for  a  million  volumes,  generous  provision 
for  which  was  made  by  the  late  Charles  Franklin  Doe  of 
San  Francisco.  Work  has  also  been  begun  on  the  erection 
of  a  law  building,  the  Boalt  Memorial  Hall  of  Law.  Mrs. 
Elizabeth  Boalt,  widow  of  the  late  John  H.  Boalt.  has  given 
$100,000  for  this  purpose,  and  the  lawyers  of  San  Francisco 
have  contributed  over  $50,000  additional.  It  will  contain 
lecture  rooms,  a  large  reading  room,  and  library  space  for 
one  hundred  thousand  volumes. 

During  the  past  ten  or  twelve  years  Mrs.  Hearst  has  ex- 
pended on  the  perfecting  of  this  architectural  plan  not  less 
than  $200,000.  The  cost  of  the  buildings  already  erected 
or  in  course  of  construction  is  nearly  two  million  dollars.  In 
the  course  of  time  all  the  older  buildings  on  the  campus  will 
be  replaced  by  structures  erected  in  accordance  with  the 
Hearst  architectural  scheme.  It  will  constitute  the  noblest 
group  of  academic  buildings  in  the  world. 

Outside  the  revenue  derived  from  permanent  endowments, 
from  State,  national  and  private  sources,  the  income  of  the 
University  comes  from  an  annual  State  tax.  In  1887  the 
State  Legislature  provided  for  the  annual  levy  of  one  cent 
on  each  one  hundred  dollars  of  the  taxable  property  in  the 


72  Charter  of  the  City  op  Berkeley 

State.  In  1897  this  revenue  was  doubled  by  the  additional 
levy  of  another  cent  on  one  hundred  dollars.  In  1909  the 
State  tax  for  the  support  of  the  University  was  fixed  at  three 
cents  on  the  one  hundred  dollars. 

The  first  President  of  the  University  was  Henry  Durant, 
who  had  been  the  moving  spirit  in  the  foundation  of  the 
College  of  California.  He  was  followed  by  John  Le  Conte, 
Daniel  Coit  Oilman,  who  resigned  to  take  the  presidency  of 
Johns  Hopkins  University  in  Baltimore ;  William  T.  Reid, 
Edward  S.  Holden,  Horace  Davis,  and  Martin  Kellogg.  In 
1899  Benjamin  Ide  Wheeler  was  called  from  Cornell  Uni- 
versity and  has  filled  the  office  of  President  of  the  University 
of  California  since  then  with  distinguished  ability. 

The  University  as  now  constituted  consists  of  the  colleges 
of  Letters,  Social  Sciences,  Natural  Science,  Commerce,  Agri- 
culture, Mechanics,  Mining,  Civil  Engineering,  and  Chemis- 
try, Courses  in  Architecture  and  Law  (Department  of  Juris- 
priTdence),  and  the  summer  session,  in  Berkeley;  La  JoUa 
Marine  Biological  Station,  near  San  Diego ;  the  Lick  Astro- 
nomical Department  (Lick  Observatory),  at  Mt.  Hamilton; 
the  San  Francisco  Institute  of  Art,  the  Hastings  College  of 
Law,  the  Medical  Department,  the  Dental  Department,  and 
College  of  Pharmacy,  in  San  Francisco ;  the  University  Farm, 
at  Davis ;  the  Kearney  Estate,  at  Fresno ;  Agricultural  Ex- 
periment Stations,  at  Tulare,  Riverside,  Whittier,  and  Ceres; 
Forestry  Stations  at  Santa  Monica  and  Chico;  Viticultural 
Stations,  at  Fresno,  Napa,  Livermore,  Mountain  View,  Lodi, 
Sonoma,  Geyserville,  and  Cucamonga ;  Poultry  Experiment 
Station  at  Petaluma;  University  Extension,  with  eleven  cen- 
ters in  various  parts  of  the  State. 

The  growth  of  the  University  will  be  observed  by  looking 
at  the  number  of  students  given  by  decades;  in  1869,  40;  in 
1879.  462;  in  1889,  701;  in  1899,  2.660;  in  1909,  3.396.  The 
number  of  officers  of  instruction  and  administration  in  all 
departments  of  the  University  in  1909  is  525. 


Charter  of  the  City  of  Berkeley  73 

INDUSTRIAL   BERKELEY— THE   PRESENT   AND   THE 

FUTURE. 

By  Wells  Dbury, 
Secretary  of  the  Berkeley  Chamber  of  Commerce. 

Berkeley's  manufacturing  and  industrial  interests  have  al- 
most doubled  in  importance  during  the  last  five  years, — in  the 
output  of  product,  number  of  men  employed  and  capital  in- 
vested. 

Owing  to  the  comparatively  low  prices  for  land  near  the 
water  front  and  along  the  transcontinental  railroads  that 
pass  through  Berkeley,  a  number  of  large  concerns  that  re- 
quire much  space,  have  chosen  this  place  for  their  operations. 
All  of  these  establishments  are  growing,  and  there  is  not  the 
slightest  indication  that  any  of  them  will  cease  to  expand 
during  the  years  to  come,  as  the  demand  for  products  is  on 
the  increase,  to  keep  pace  with  the  growth  of  population. 

It  is  a  striking  fact  that  in  ten  years  the  population  of 
Berkeley  has  increased  from  13,000  to  more  than  42,000.  This, 
of  course,  is  due  to  all  the  elements  of  prosperity  that  are 
here  present.  The  new  industrial  features  have  their  effect, 
but  the  most  potent  influence  for  prosperity  is  the  high 
standard  held  to  by  the  people  in  directing  all  the  affairs  of 
life.  This  is  another  proof  of  the  proposition  that  it  pays 
to  be  progressive,  not  only  commercially  and  industrially, 
but  also  in  those  things  which  tend  to  good  citizenship. 

Berkeley  has  never  been  afflicted  with  a  boom,  but  the 
growth  has  been  steady.  So  gradual  has  been  the  increase 
that  the  outside  world  gave  little  heed  to  it.  From  the 
City  Auditor's  report  a  tabulated  statement  of  Berkeley's 
population  for  the  past  decade  will  prove  interesting  and 
instructive : 

1899 13.126 

1900 14.000 

1901 15.042 

1902 16.001 

1903 18.047 

1904 20.007 

1905 23,378 

1906 26,283 

1907 38.117 

1908 42.11).") 


74  Charter  of  the  City  of  Berkeley 

Berkeley's  commercial  establishments  have  kept  pace  with 
the  growth  of  its  manufactures.  At  the  present  time  there 
are  a  number  of  good  stores  that  afford  ample  opportunity 
for  shopping.  All  the  requirements  of  life  are  supplied,  and 
these  institutions  are  adding  to  their  resources.  Their  stocks 
are  ample  and  their  prices  are  advantageous  to  buyers. 

The  very  latest  step  in  advance  taken  by  Berkeley  is  the 
adoption  of  the  new  Charter,  an  instrument  so  excellent  in  its 
provisions  that  the  favorable  attention  of  thinkers  and  legis- 
lators is  drawn  to  this  community.  Experts  in  municipal 
government  declare  this  Berkeley  Charter  to  be  the  best  yet 
drawn  in  America  for  the  purpose  of  safe-guarding  the  rights 
of  the  people,  and  securing  a  clean,  able,  economical,  repre- 
sentative administration  of  community  affairs.  This  Charter 
has  supplemented  the  provisions  of  the  State  law  (which  for- 
bids the  sale  of  liquor  within  a  mile  of  the  State  University) , 
by  banishing  the  saloon  from  our  City  altogether.  Good  gov- 
ernment attracts  good  citizens,  and  there  can  be  no  doubt 
that  the  enviable  prominence  of  our  city  will  call  hither 
many  desirable  families.  This  is  additional  to  the  drawing 
power  of  the  University.  That  magnificent  institution  is  one 
of  the  substantial  assets  of  our  people,  and  properly  may  be 
considered  as  an  element  of  value  in  the  selling  price  of 
every  building  lot  in  this  community.  It  is  indisputable 
that  from  the  beginning  the  dominant,  indeed  the  paramount 
influence  in  Berkeley  life  has  been  the  high  standard  of 
right  living  emanating  from  the  University.  That  influence 
yet  maintains  its  hold  upon  the  people  with  undiminished 
power.  Others  will  deal  with  the  history  of  the  University, 
its  development  and  its  destiny.  The  purpose  of  this  article 
is  merely  to  point  out  its  value  in  dollars  and  cents  to  those 
whose  interests  are  centered  here. 

Closely  allied  with  this  thought  is  appreciation  of  the 
spirit  of  refinement  that  pervades  the  atmosphere  of  the 
community.  This,  also,  is  a  substantial  and  valuable  asset 
to  be  reckoned  in  making  up  the  city's  inventory  of  desirable 
possessions.  Quite  naturally  the  religious  sentiment  of  the 
people  is  manifested  by  the  different  orthodox  congrega- 
tions that  are  so  well  represented  in  this  community. 

The  local  transportation  facilities  of  Berkeley  are  ad- 
mirable, and  the  accomniodntions  in  this  regard  are  being 


Charter  op  the  City  of  Berkeley  75 

augmented  constantly.  Several  new  franchises  have  been 
granted  recently.  When  these  lines  are  completed  Berk- 
eley's local  and  interiirban  car  service  will  be  unexcelled 
on  the  Pacific  Coast.  The  Oakland  Traction  Company  has 
just  completed  changes  that  will  afford  quicker  transit  be- 
tween here  and  the  other  parts  of  Alameda  County,  with 
special  reference  to  Shattuck  Avenue's  business  interests. 

The  entire  system  of  the  Southern  Pacific  Company  on 
this  side  of  the  bay  is  being  transformed,  and  soon  will  be 
operated  by  electric  power,  this  form  of  propulsion  being 
already  in  use  by  the  Key  Route  cars.  Our  ferry  system 
between  this  city  and  San  Francisco  is  first  class.  Each 
twenty-four  hours  111  passenger  trains  enter  Berkeley  from 
San  Francisco,  and  an  equal  number,  of  course,  leave  for 
that  point.  In  one  month  last  year  the  ferries  between  San 
Francisco  and  Alameda  County  carried  2,332,375  passen- 
gers, the  total  for  the  year  being  more  than  twenty-seven 
and  a  half  million.  Of  these  Berkeley  contributed  its  full 
share.     This  year  the  travel  is  reported  to  be  even  greater. 

Convenience  of  ingress  and  egress  enjoyed  by  the  people 
of  Berkeley  must  be  assigned  as  an  additional  advantage  of 
more  than  passing  significance  in  a  well  ordered  life.  These 
facilities  virtually  make  all  the  surrounding  places  merely 
tributary  suburbs  of  Berkeley,  for  the  dweller  in  this  city 
may  enjoy  the  advantages  of  metropolitan  amusements, 
while  maintaining  a  home  amid  sylvan  surroundings — a 
place  that  fills  all  the  requirements  for  human  habitation. 
Right  here  it  may  be  recalled  that  Berkeley's  popularity  as 
a  dwelling  place  is  no  new  thing.  This  character  was 
stamped  on  the  locality  long  before  the  advent  of  the  white 
man — a  point  abundantly  and  conclusively  proved  by  the 
discovery  of  a  great  number  of  Indian  mounds  in  this  im- 
mediate vicinity.  In  no  other  part  of  the  bay  region  are 
there  so  many  evidences  of  aboriginal  occupancy.  Tho.se 
autochthonous  tribes  were  absolutely  free  to  pick  and 
choose — the  entire  country  being  open  to  their  selection — 
and  it  is  patent  that  by  coming  here  in  such  vast  numbers 
they  evinced  a  keen  appreciation  of  the  advantages  of  the 
locality.  Swayed  solely  by  considerations  of  personal  com- 
fort as  measured  by  climatic  conditions,  and  having  no  other 
object  to  be  conserved,  they  made  this  place  the  center  of 


76  Charter  of  the  City  of  Berkeley 

population.  In  those  prehistoric  days,  when  the  commuters 
of  San  Francisco  yearned  for  the  attractions  of  the  metrop- 
olis, they  were  compelled  to  charter  a  canoe  or  a  raft  and 
take  a  trip  to  this,  the  right  side  of  the  bay.  They  swarmed 
upon  the  strip  of  land  now  known  as  the  site  of  Berkeley, 
preferring  this  spot  above  all  others,  because  here  they 
found  a  most  delightful  abiding  place. 

It  cannot  be  said  too  often  nor  with  too  great  emphasis 
that  all  these  considerations  combine  to  proclaim  Berkeley 
the  ideal  home  city  of  California. 


PICTURESQUE  BERKELEY. 

By  Charles  Keeler. 

Gentl}^  sweeping  from  the  eastern  shore  of  San  Francisco 
Bay,  directly  opposite  the  Golden  Gate  lies  a  plain.  At  a 
distance  of  some  three  miles  from  the  water  it  has  ascended 
to  an  elevation  of  between  two  and  three  hundred  feet,  when 
it  rises  abruptly  in  the  rolling  contour  of  the  Berkeley  Hills. 
These  are  piled  up  in  graceful  outlines  to  a  summit  over 
seventeen  hundred  feet  in  height,  known  as  Grizzly  Peak, 
and  a  number  of  cafions  worn  out  by  the  streams  which  wind 
joyously  down  to  the  sea,  furrow  the  hill  slopes. 

In  the  lower  and  more  open  parts  of  the  canons  flourish 
the  venerable  live-oaks  with  their  picturesque,  sprawling 
trunks  and  branches,  upholding  the  rounded  close-set  foliage 
of  fine  dark  leaves.  Higher  up,  and  in  the  more  confined 
portions  of  the  canons,  grow  the  laurels  or  bay  trees,  fra- 
grant, and  linked  in  association  with  the  spirit  of  ancient 
Greece.  The  exposed  slopes  of  the  hills  are  bare  of  trees 
except  for  occasional  patches  planted  with  that  strange 
exotic,  now  dear  to  all  Californians  as  a  feature  in  the  land- 
scape— the  Australian  eucalyptus.  Save  for  these  groves, 
the  hills  in  summer-time  are  sere  and  brown,  with  purple 
shadows  in  the  canon  creases,  and  when  overhung  with  fog 
present  a  scene  at  once  grave  and  tender  in  its  beauty. 

With  the  first  autumn  rains  the  green  grass  starts  into 
lite,  arul  by  mid-winter  the  hills  are  adorned  with  brilliant 
verdure.  Soon  the  Howers  start  forth,  and  when  the  eastern 
fichls  are  (|('e[)  in  snow,  the  Berkeley  hills  are  strewn  with 


Charter  op  the  City  of  Berkeley  77 

gold  patches  of  California  poppies  and  buttercups  and  blue 
masses  of  lupines  and  blue-eyed  grass. 

Such,  then,  is  the  site  so  wisely  chosen  by  the  founders  of 
the  University  of  California  for  a  great  institution  of  cul- 
ture. From  the  spacious  campus  (of  nearly  four  hundred 
acres)  we  look  forth  over  the  blue  waters  of  San  Francisco 
Bay,  with  Mount  Tamalpais  to  the  north  of  the  Golden  Gate 
and  San  Francisco  upon  its  many  hills  to  the  south.  Here 
we  may  look  upon  the  ships  entering  and  leaving  this  match- 
less harbor — vessels  of  sail  and  steam  bringing  the  Orient 
and  Antipodes  in  touch  with  this  westernmost  part  of  Occi- 
dental civilization. 

And  around  the  broad  acres  of  varied  hill  and  plain,  of 
live-oak  glades  and  open  meadow  set  apart  for  the  Uni- 
versity of  California,  where  a  noble  group  of  granite  build- 
ings is  now  replacing  the  outworn  structures,  Berkeley  has 
grown  from  a  country  village  to  a  city  of  homes.  As  I 
write  upon  this  joyous  spring  morning,  the  birds  are  sing- 
ing in  the  gardens,  and  many  of  the  houses  are  almost  lost 
to  sight  in  the  glory  of  rose  vines  and  clematis  crowded 
with  blossoms.  But  a  few  years  ago  the  view  from  the 
Berkeley  Hills  was  of  a  broad  plain  cut  up  in  a  checker- 
board pattern  by  grain  fields  with  a  sprinkling  of  houses  here 
and  there.  To-day  the  open  spaces  are  few  and  far  between, 
and  the  beholder  looks  down  upon  groups  of  homes  and 
buildings,  shoulder  to  shoulder  from  the  hills  to  the  Bay 
shore,  and  melting  imperceptibly  into  the  adjoining  city  of 
Oakland. 

It  is  not  strange  that  people  are  flocking  to  Berkelej'  in 
increasing  numbers.  A  city  without  saloons,  aloof,  and  yet 
near  a  great  metropolis  (for  'tis  but  a  thirty-five  minutes 
trip  by  electric  train  and  ferry  to  San  Francisco)  upon  a 
site  so  beautiful  and  so  healthful,  so  thrilling  in  its  outlook 
upon  the  highway  of  world  commerce,  could  not  but  appeal 
to  people  of  imaginative  minds,  to  people  possessing  and 
seeking  culture  and  refinement.  Of  such  are  the  inhabitants 
of  Berkeley,  and  in  sight  of  this  inspiring  outlook  will  they 
grow  in  grace  and  service  with  the  years. 


78  Charter  of  the  City  op  Berkeley 


PHENOMENAL  GROWTH  SHOWN  BY  POSTAL 
FIGURES. 

By  C.  S.  Merrill,  Postmaster. 
Probably  no  department  of  our  city  affords  a  more  ac- 
curate index  of  the  progress  of  the  community  than  the 
Post  Office.  Thirty  years  ago  the  Berkeley  Post  Office  was 
established  and  Doctor  S.  S.  Merrill,  father  of  the  present 
incumbent,  was  Postmaster.  The  town  was  small,  but 
owing  to  the  presence  of  the  University,  the  mail  was  large 
in  proportion  to  the  population. 

From  its  first  inception  to  the  memorable  year  1906,  the 
growth  was  steady  and  strong.  On  March  31,  1906,  the 
force  in  Berkeley  Post  Office  and  the  two  branches  (West 
and  South  Berkeley),  consisted  of  the  Postmaster,  Assistant 
Postmaster,  nine  clerks  and  seventeen  carriers.  On  May  1, 
1906,  five  additional  clerks  and  five  carriers  were  added  to 
the  force  and  during  the  subsequent  period,  ending  Septem- 
ber 30,  1907,  the  force  was  increased  by  the  department  and 
on  that  date,  when  the  present  Postmaster  assumed  the  office, 
comprised  twenty-five  clerks  and  twenty-five  carriers. 

Since  September  30,  1907,  there  have  been  added  two 
clerks  and  seven  carriers,  until  the  entire  force  now  on  the 
payroll  of  our  local  office  numbers  seventy  employees  and 
the  aggregate  amount  of  our  payroll  on  July  1,  1908,  was 
$52,800  per  annum. 

On  March  31,  1905,  the  receipts  for  the  preceding  year 
having  exceeded  $40,000,  the  office  was  placed  in  the  rank 
of  an  office  of  the  first  class  and  the  business  has  since  gone 
ahead  with  leaps  and  bounds.  The  gross  receipts  for  the 
year  ending  March  31,  1906,  were  $55,583.31. 

Those  for  the  year  ending  March  31,  1907,  were  $102,748.55. 

Those  for  the  year  ending  March  31,  1908,  were  $  99,668.32. 

Those  for  the  year  ending  March  31, 1909,  were  $108,162.33. 

The  population  of  Berkeley  has  increased  enormously,  as 
clearly  demonstrated,  not  only  by  the  increase  in  postal  re- 
ceipts for  the  current  year,  but  by  the  statistics  from  the 
office  of  the  Building  Inspector,  showing  that  1097  building 
permits  were  issued  for  the  eleven  months  ending  November 
30,  1908,  aggregating  $2,264,000  in  valuation. 


Charter  of  the  City  of  Berkeley  79 

The  great  register  of  voters  of  Alameda  County  shows 
5,446  voters  registered  from  Berkeley  in  1906  and  8,430  in 
1908 — a  gain  of  3,000  voters,  or  approximately  17,000  inhabi- 
tants in  two  years'  time. 

In  presenting  the  gross  receipts  of  the  office,  I  have  not 
included  the  business  of  the  Money  Order  Division,  which 
shows  the  same  marked  increase  as  do  the  other  departments. 

A  summary  of  this  branch  shows  as  follows: 

Money  orders  issued  for  the  year  ending  March  31,  1906 — 
17,031  of  the  aggregate  value  of  $125,891.49;  money  orders 
paid,  18.917 ;  amount,  $282,132.72. 

Money  orders  issued  for  the  year  ending  March  31,  1907 — 
25,769,  of  the  aggregate  value  of  $244,926.45 ;  money  orders 
paid,  38,691 ;  amount,  $547,872.27. 

Money  orders  issued  for  the  year  ending  March  31,  1908 — 
29.191,  of  the  aggregate  value  of  $305,382.68;  money  orders 
paid,  41,508 ;  amount,  $561,846.07. 

Money  orders  issued  for  the  year  ending  March  31.  1909 — 
50.050,  of  the  aggregate  value  of  $435,952.64;  money  orders 
paid.  40.008 ;  amount,  $508,615.20. 

During  the  present  year  there  has  been  placed  on  deposit 
in  the  Berkeley  Post  Oflfice  by  means  of  orders  payable  to 
"self"  the  sum  of  $11,552,  as  compared  with  less  than  $100 
during  any  previous  year.  This  remarkable  showing  seems 
to  indicate  a  growing  tendency  on  the  part  of  the  public  to 
make  the  Post  Office  its  banker,  despite  the  fact  that  not 
only  is  there  no  interest  paid  on  deposits,  but,  on  the  con- 
trary, a  fee  is  charged  for  issuing  money  orders. 

By  reference  to  our  registry  department,  also,  we  are  met 
with  additional  proof  of  the  growth  of  our  city,  through  the 
great  increase  in  the  number  of  pieces  of  mail  registered,  as 
follows : 

For  the  year  ending  March  31,  1906,  22,248  pieces. 

For  the  year  ending  March  31,  1907,  23,967  pieces. 

For  the  year  ending  March  31,  1908,  26.889  pieces. 

For  the  year  ending  March  31,  1909,  30,668  pieces. 

The  special  delivery  service  of  this  office  is  probably  not 
excelled  in  any  other  of  Uncle  Sam's  61.159  post  offices.  Our 
work  is  performed  with  the  aid  of  the  motorcycle  and 
delivery  is  prompt  and  rapid. 


80  Charter  of  the  City  of  Berkeley 

In  compiling  certain  statistics  in  1907,  the  department  re- 
quired an  accurate  account  to  be  made  at  each  post  ofifice  of 
the  number  of  pieces  of  mail  matter  dispatched  during  the 
seven  days  from  October  13th  to  19th,  inclusive,  resulting  at 
the  Berkeley  office  as  follows : 

Pieces 

Letters  dispatched 47,787 

Postal  cards  dispatched 13,985 

2nd  class  matter  dispatched 17,535 

3rd  class  matter  dispatched 3,133 

•4th  class  matter  dispatched 688 

Franked  matter  dispatched 1,993 

Total  for  seven  days 86,121 

On  this  basis  it  is  estimated  that  the  Berkeley  office  handles 
in  the  neighborhood  of  4,500,000  pieces  of  mail  per  annum. 


OLDER  BERKELEY. 

By  Warren  Cheney. 

The  beginnings  of  Berkeley  were  much  the  same  as  those 
of  other  cities  about  the  Bay.  The  first  inhabitants  were  the 
Indians,  who  seem  to  have  used  its  sunny  slopes  as  a  picnic 
ground  where  they  came  for  clam-bakes  and  various  feasts. 
The  great  mounds  of  shells  which  they  left  as  records  speak 
eloquently  of  the  delight  of  living  which  drew  them — as  it 
still  draws  outdoor  people  continuously  to-day — to  linger 
within  its  boundaries. 

The  Indians  were  displaced  by  the  Spaniards,  and  their 
cattle  roamed  the  hills  of  their  wide  holdings  all  through 
"the  idle  sunny  forties"  with  scarcely  more  of  responsibility 
or  desire  of  progress  on  the  part  of  their  owners  than  when 
the  inhabitants  were  red.  But  out  of  this  incubation  period 
grew  the  American  occupation,  the  slow  displacement  of  the 
Spanish  by  Yankee  thrift  and  push,  which  was  the  real 
beginning  of  Berkeley  as  a  town. 

In  those  days,  what  is  now  San  Pablo  Avenue  was  the 
main  highway  of  travel  between  Oakland  and  the  north,  and 
between  it  and  the  Bay,  with  University  Avenue  as  a  cross- 
artery,  there  grew  up  a  struggling  settlement  which  took  on 
the  name  of  Ocean  View.     The  establishment  of  the  site  of 


Charter  op  the  City  op  Berkeley  81 

the  University  of  California  against  the  eastern  hills  first 
gave  the  town  the  name  of  Berkeley,  which  it  has  since 
borne,  and  the  University  tradition  of  simple  living  and 
high  thinking  which  the  college  people  brought  into  the 
place  has  been  the  keynote  of  its  spirit  ever  since. 

The  first  incorporation  as  a  town  came  by  act  of  the 
Legislature  of  1878,  and  went  into  effect  on  the  fourth  of 
April,  1879.  From  the  beginning  the  dominant  spirit  was 
that  it  made  no  difi'erence  what  a  man's  politics  were,  if 
he  was  otherwise  the  best  man  to  fill  the  place.  The  first 
Board  of  Trustees  was  elected  on  this  principle.  One  of  its 
members  could  not  read  or  write  his  name.  One  was  a  man 
of  the  broadest  refinement  and  university  culture ;  but  all 
were  men  of  shrewd  business  character  and  judgment,  and 
worked  at  the  making  of  the  town  with  the  ever-present 
fear  on  their  hearts  that  it  should  not  be  established  "right.'' 
The  dominant  spirits  were  Abel  Whitton  and  A.  H.  Broad, 
and  the  traditions  they  impressed  upon  the  government 
were  the  traditions  of  the  town  for  many  years.  Like  wis- 
dom governed  the  choice  of  the  first  Board  of  School  Trus- 
tees, and  to  Martin  Kellogg,  George  Domin,  Henry  W. 
Palmer  and  George  W.  Kline  belongs  the  credit  for  the 
sane  and  perfect  school  system  which  from  the  beginning 
has  been  Berkeley's  best  offering  to  the  world.  The  tradi- 
tion once  established  persisted  as  new  men  came  in,  and  it 
was  not  until  ten  years  ago  that  State  and  county  politics 
were  able  to  draw  the  line  and  segregate  the  opposing  fac- 
tions at  elections  into  the  organizations  under  the  national 
party  designations.  When  the  first  Charter  was  adopted. 
Berkeley  had  two  thousand  inhabitants.  Its  business  was 
done  by  an  unpaid  town  board,  and  this  simplicity  of  govern- 
mental mechanism  has  persisted  until  now  its  first  salaried 
Mayor  and  Board  of  Commissioners  will  come  in  with  the 
new  Charter  noted  in  this  book,  and  that  only  because  its 
growth  to  a  population  of  fifty  thousand  has  brought  an 
increase  in  the  amount  of  its  business  affairs  which  requires 
that  its  officers  give  their  whole  time  to  the  conduct  of  its 
interests. 


82  Charter  of  the  City  of  Berkeley 

CONSTITUTIONAL  PROVISIONS  AND  THE  CHARTER. 

By  Professor  Wilx,iam  Carey  Jones. 

Cities  in  California  are  allowed  by  the  State  Constitution 
to  exercise  a  large  measure  of  home  rule.  Section  8  of 
article  XI  provides  in  substance  that  any  city  containing  a 
population  of  more  than  3,500  inhabitants  may  frame  a 
charter  for  its  own  government,  consistent  with  and  subject 
to  the  Constitution.  The  procedure  provided  is  for  the  voters 
of  the  city  to  elect  a  board  consisting  of  fifteen  freeholders, 
who  shall  have  been  qualified  electors  of  the  city  for  at 
least  five  years.  This  board  shall  within  ninety  days  after 
its  election  prepare  and  propose  a  charter  for  the  city.  The 
charter  shall  then  be  published  in  two  daily  newspapers  of 
general  circulation  in  the  city  for  at  least  twenty  days,  the 
first  publication  being  made  within  twenty  days  after  the 
completion  of  the  charter.  Within  thirty  days  after  such  pub- 
lication the  charter  shall  be  submitted  to  the  approval  of 
the  qualified  electors  of  the  city  at  either  a  general  or  special 
election.  If  approved  by  a  majority  of  the  electors  voting 
thereon,  it  shall  then  be  submitted  to  the  State  Legislature 
for  its  approval  or  rejection  as  a  whole,  without  power  of 
alteration  or  amendment.  The  approval  of  the  Legislature 
is  made  by  concurrent  resolution,  without  requiring  the  sig- 
nature of  the  Governor.  If  the  charter  receives  a  majority 
vote  of  the  two  houses,  it  thereupon  becomes  the  organic  law 
of  the  city  and  supersedes  all  laws  inconsistent  therewith. 
While  it  is  doubtless  within  the  competence  of  the  Legisla- 
ture to  reject  a  charter,  such  procedure  is  unknown,  all 
charters  submitted  being  ratified  as  a  matter  of  course. 

Amendments  may  be  made  to  charters  at  intervals  of  not 
less  than  two  years.  Such  amendments  may  emanate  from 
the  legislative  body  of  the  city,  or  from  the  people  through 
a  petition  signed  by  not  less  than  fifteen  per  cent  of  the 
voters  of  the  city.  Whichever  their  origin,  they  must  be 
published  for  twenty  days  in  a  newspaper  of  general  circu- 
lation, then  submitted  to  the  electors  of  the  city  for  approval, 
and  finally  ratified  by  the  Legislature  as  in  the  case  of 
charters. 

The  Constitution  also  provides  that  in  submitting  a  charter 
or  amendments,  any  alternative  proposition  or  article  may  be 


Charter  of  the  City  of  Berkeley  83 

presented  to  the  choice  of  the  voters  of  the  city  to  be  voted 
on  separately  without  prejudice  to  other  provisions. 

Section  8.  which  we  have  been  considering,  originally  in- 
corporated in  the  Constitution  as  it  was  adopted  in  1879, 
has  been  amended  four  times,  always  with  a  view  to  giving 
larger  liberty  to  the  local  community.  There  are  still,  how- 
ever, at  least  two  respects  in  which  this  provision  should  be 
amended  in  order  properly  to  accomplish  its  purpose.  In 
the  first  place,  as  the  law  stands,  the  calling  of  an  election 
to  determine  whether  a  new  charter  shall  be  framed  for 
the  city  is  entirely  dependent  on  the  will  of  the  council. 
This  should  be  amended  so  that  if  such  an  election  is  demand- 
ed by  a  certain  percentage  of  the  voters,  it  will  become  the 
duty  of  the  council  to  submit  the  question  to  the  people. 
In  the  second  place,  the  alloted  ninety  days  may  often  be 
an  insufficient  time  within  which  to  prepare  such  a  document 
as  the  board  of  freeholders  may  desire  to  submit  to  the 
people. 

Section  6  of  article  XI  provides  that  "all  charters  framed 
or  adopted  by  authority  of  the  Constitution,  except  in 
municipal  affairs,  shall  be  subject  to  and  controlled  by  gen- 
eral laws."  This  suggests  a  rule  of  procedure  in  the  making 
of  a  charter.  The  form  of  expression,  however,  is  not  very 
happy,  and  the  term  "municipal  affairs"  is  not  without 
ambiguity.  It  is  clear,  nevertheless,  that  as  to  municipal 
affairs,  whatever  they  may  be,  the  charter,  so  far  as  it 
expresses  itself,  is  supreme.  With  respect  to  anything  fall- 
ing within  the  category  of  municipal  affairs  on  which  the 
charter  is  silent,  the  general  law  controls.  And  with  respect 
to  any  matter  not  within  the  category  of  municipal  affairs, 
the  general  law  controls,  regardless  of  any  provision  of  the 
charter.  If  the  charter  attempts  to  regulate  a  matter  not  a 
municipal  affair,  its  provision  with  respect  thereto  is  simply 
void  and  of  no  effect.  In  view  of  these  considerations,  it 
becomes  important  in  making  a  charter  for  a  Califomian 
city,  to  decide  wherein  the  city  prefers  to  be  governed  by 
the  general  law  and  wherein  it  wishes  to  exercise  its  own 
control.  For  instance,  it  is  a  question  that  has  to  be  deter- 
mined by  each  city  whether  it  prefers  to  be  governed  by 
the  general  street  law  as  enacted  by  the  State  Legislature 
or  to  make  its  own  separate  street  law. 


84  Charter  of  the  City  of  Berkeley 

The  general  subject  of  the  public  schools  has  been  held  not 
to  be  a  "municipal  affair,"  but  one  of  State  concern  and  gov- 
erned by  the  general  statutes  and  the  provisions  of  the 
Political  Code.  Local  communities  are  not,  however,  entirely 
without  a  voice  in  the  determination  of  the  mode  of  govern- 
ment of  their  schools.  Of  course,  the  actual  management  of 
the  educational  interests  of  the  city  is  in  its  own  hands.  It 
becomes  necessary,  then,  in  framing  a  charter  to  strike  the 
right  line  between  municipal  discretion  and  municipal  limi- 
tation, and  to  provide  for  such  matters  as  are  within  the 
competence  of  the  charter  and  to  refer  to  the  general  law 
for  other  matters.  The  Berkeley  charter  of  1909  aims  to 
provide  for  every  power  within  the  jurisdiction  of  the  city 
concerning  the  public  schools,  neither  conflicting  with  the 
general  law  nor  uselessly  repeating  its  provisions. 

Section  11  of  article  XI  provides  that  "any  county,  city, 
town,  or  township  may  make  and  enforce  within  its  limits 
all  such  local,  police,  sanitary,  and  other  regulations  as  are 
not  in  conflict  with  the  general  laws."  Incidentally,  it  is  to 
be  remarked  that  the  expression  "other  regulations"  does 
not  materially  enlarge  the  scope  of  the  provision,  it  being 
held  that  "other  regulations"  must  be  limited  to  objects  sim- 
ilar to  those  styled  police  and  sanitary.  In  the  uncertainty 
which  prevailed  as  to  the  extent  to  which  this  provision 
gives  suo  vigors  authority  to  a  city  council  to  legislate 
without  express  direction  from  the  charter,  it  becomes  im- 
portant for  the  charter  to  make  itself  explicit.  The  ever- 
present  thought  in  the  minds  of  the  charter-framers  must  be 
that  the  city  shall  not  by  inadvertent  omission  be  left  power- 
less because  of  silence  in  the  charter  or  absence  of  general 
law. 

The  only  portion  of  the  judicial  power  that  may  be  exer- 
cised by  municipalities  is  that  pertaining  to  the  police  courts. 
Section  8^/2  of  article  XI  (adopted  in  1896)  authorizes  a 
city  to  provide  by  its  charter  for  the  constitution,  regulation, 
government,  and  jurisdiction  of  police  courts.  The  Berkeley 
Charter  of  1909  does  not,  however,  take  advantage  of  this 
permission,  because  the  jurisdiction  exercised  by  the  justices 
of  the  peace  is  thought  adequate  at  the  present  time.  Pro- 
vision for  police  courts  can  be  added  at  any  time  by  amend- 
ment to  the  Charter. 


Charter  op  the  City  of  Berkeley  85 

DECISIONS  OF  THE  SUPREME  COURT  OF  CALIFORNIA 
AS  TO  CHARTERS.  AND  THE  CHARTER  FORM  OF 
GOVERNMENT  UNDER  THE  CONSTITU- 
TION OF  CALIFORNIA. 
Municipal  corporations. 

Article  XI,  Section  6.  (As  originally  enacted.)  Corpora- 
tions for  mnnicipal  pnrposes  shall  not  be  created  by  special 
laws;  bnt  the  Legislature,  by  general  laws,  shall  provide  for 
the  incorporation,  organization,  and  classification,  in  propor- 
tion to  population,  of  cities  and  towns,  which  laws  may  be 
altered,  amended,  or  repealed.  Cities  and  towns  heretofore 
organized  or  incorporated  may  become  organized  under  such 
general  laws  whenever  a  majority  of  the  electors  voting  at  a 
general  election  shall  so  determine,  and  shall  organize  in 
conformity  therewith ;  and  cities  or  towns,  heretofore  or 
hereafter  organized,  and  all  Charters  thereof  framed  or 
adopted  by  authority  of  this  Constitution,  shall  be  subject 
to  and  controlled  by  general  laws. 

Section  6.  (Amendment  adopted  November  3,  1896.) 
Corporations  for  municipal  purpo.ses  shall  not  be  created  by 
special  laws;  but  the  Legislature,  by  general  laws,  shall  pro- 
vide for  the  incorporation,  organization,  and  classification,  in 
proportion  to  population,  of  cities  and  towns,  which  laws 
may  be  altered,  amended  or  repealed.  Cities  and  towns  here- 
tofore organized  or  incorporated  may  become  organized 
under  such  general  laws  whenever  a  majority  of  the  electors 
voting  at  a  general  election  shall  so  determine,  and  shall 
organize  in  conformity  therewith ;  and  cities  and  towns  here- 
tofore or  hereafter  organized,  and  all  Charters  thereof 
framed  or  adopted  by  authority  of  this  Constitution,  except 
in  municipal  affairs,  shall  be  subject  to  and  controlled  by 
general  laws. 

54  Cal.  94;  55  Cal.  246;  56  Cal.  138;  58  Cal.  566,  575;  60 
Cal.  81;  61  Cal.  277,  319;  65  Cal.  609;  66  Cal.  3;  69 
Cal.  465.  475,  479;  72  Cal.  5;  73  Cal.  76.  312.  622; 
76  Cal.  360.  450 ;  79  Cal.  354 ;  81  Cal.  489.  497 ;  82 
Cal.  341.  483;  84  Cal.  76.  304.  655;  85  Cal.  333,  346. 
369 ;  86  Cal.  41,  158 ;  87  Cal.  92.  140.  606 ;  89  Cal.  522 ; 
91  Cal.  249;  92  Cal.  297,  316:  94  Cal.  74.  621 ;  95  Cal. 


86  Charter  of  the  City  of  Berkeley 

105,  111;  97  Cal.  433;  99  Cal.  560;  100  Cal.  571;  102 
Cal.  298.  304 ;  104  Cal.  275,  644 ;  109  Cal.  153 ;  111 
Cal.  103;  114  Cal.  147,  322;  115  Cal.  514;  117  Cal. 
573 ;  118  Cal.  403 ;  120  Cal.  391,  395 ;  123  Cal.  459, 
603;  126  Cal.  386,  410;  127  Cal.  666;  131  Cal.  33; 
132  Cal.  381,  442;  133  Cal.  104;  135  Cal.  519;  138 
Cal.  131,  152;  141  Cal.  207,  213,  214,  215;  142  Cal. 
515 ;  144  Cal.  391 ;  145  Cal.  634,  688 ;  147  Cal.  535, 
778 ;  148  Cal.  382,  629,  752.    App.  R.  1,  633. 

Charters  of  cities. 

Section  8.  Art.  11.  Const,  of  California.  (Amendment  of 
1902).  Any  city  containing  a  population  of  more  than  three 
thousand  five  hundred  inhabitants  may  frame  a  charter  for 
its  own  government,  consistent  with  and  subject  to  the  Con- 
stitution and  laws  of  this  State,  by  causing  a  board  of  fifteen 
freeholders,  who  shall  have  been  for  at  least  five  years  quali- 
fied electors  thereof,  to  be  elected  by  the  qualified  voters  of 
said  city  at  any  general  or  special  election,  whose  duty  it 
shall  be,  within  ninety  days  after  such  election,  to  prepare 
and  propose  a  Charter  for  such  city,  which  shall  be  signed 
in  duplicate  by  the  members  of  such  board,  or  a  majority  of 
them,  and  returned,  one  copy  to  the  Mayor  thereof,  or  other 
chief  executive  officer  of  such  city,  and  the  other  to  the  Re- 
corder of  the  County.  Such  proposed  Charter  shall  then  be 
published  in  two  daily  newspapers  of  general  circulation  in 
such  city,  for  at  least  twenty  days,  and  the  first  publication 
shall  be  made  within  twenty  days  after  the  completion  of  the 
Charter;  provided,  that  in  cities  containing  a  population  of 
not  more  than  ten  thousand  inhabitants,  such  proposed 
Charter  shall  be  published  in  one  such  daily  newspaper ;  and 
within  not  less  than  thirty  days  after  such  publication  it  shall 
be  submitted  to  the  qualified  electors  of  said  city  at  a  general 
or  special  election,  and  if  a  majority  of  such  qualified  electors 
voting  thereon  shall  ratify  the  same,  it  shall  thereafter  be 
submitted  to  the  Legislature  for  its  approval  or  rejection  as 
a  whole  without  power  of  alteration  or  amendment.  Such 
approval  may  be  made  by  concurrent  resolution,  and  if  ap- 
proxM'd  by  a  majority  vote  of  the  members  elected  to  each 
liousc,  it  shall  become  the  ('barter  of  such  city,  of  if  such  city 
be  cousolidated  with  a  county,  then  of  such  city  and  county, 


Charter  op  the  City  op  Berkeley  87 

and  shall  become  the  organic  law  thereof,  and  supersede  any 
existing  Charter  and  all  amendments  thereof,  and  all  laws 
inconsistent  with  such  Charter.  A  copy  of  such  Charter, 
certified  by  the  Mayor,  or  chief  executive  officer,  and  authen- 
ticated by  the  seal  of  such  city,  setting  forth  the  submission 
of  such  Charter  to  the  electors,  and  its  ratification  by  them, 
shall,  after  the  approval  of  such  Charter  by  the  Legislature, 
be  made  in  duplicate,  and  deposited,  one  in  the  office  of  the 
Secretary  of  State,  and  the  other,  after  being  recorded  in 
said  Recorder's  office,  shall  be  deposited  in  the  archives  of 
the  city,  and  thereafter  all  courts  shall  take  judicial  notice 
of  said  Charter.  The  Charter,  so  ratified,  may  be  amended 
at  intervals  of  not  less  than  two  years  by  proposals  therefor, 
submitted  by  the  legislative  authority  of  the  city  to  the  quali- 
fied electors  thereof  at  a  general  or  special  election,  held  at 
least  forty  days  after  the  publication  of  such  proposals  for 
twenty  days  in  a  daily  newspaper  of  general  circulation  in 
such  city,  and  ratified  by  a  majority  of  the  electors  voting 
thereon,  and  approved  by  the  Legislature  as  herein  provided 
for  the  approval  of  the  Charter.  Whenever  fifteen  per  cent 
of  the  qualified  voters  of  the  city  shall  petition  the  legislative 
authority  thereof  to  submit  any  proposed  amendment  or 
amendments  to  said  Charter  to  the  qualified  voters  thereof 
for  approval,  the  legislative  authority  thereof  must  submit 
the  same.  In  submitting  any  such  Charter,  or  amendments 
thereto,  any  alternative  article  or  proposition  may  be  pre- 
sented for  the  choice  of  the  voters,  and  may  be  voted  on 
separately  without  prejudice  to  others. 

54  Cal.  405 ;  55  Cal.  253,  613 ;  56  Cal.  104 ;  60  Cal.  81,  347 ; 
61  Cal.  277,  321 ;  69  Cal.  477 ;  73  Cal.  73.  80 ;  76  Cal. 
173,  436 ;  79  Cal.  176 ;  82  Cal.  342 ;  85  Cal.  238,  335, 
343;  86  Cal.  40;  87  Cal.  605;  92  Cal.  612;  97  Cal. 
214,  593;  100  Cal.  571;  105  Cal.  623;  114  Cal.  147, 
321,  364,  586;  115  Cal.  516;  119  Cal.  3,  233:  120  Cal. 
399;  121  Cal.  265,  553;  123  Cal.  605;  126  Cal.  385, 
412;  128  Cal.  463;  129  Cal.  574;  130  Cal.  89:  131  Cal. 
264;  132  Cal.  375,  441;  133  Cal.  104,  344;  134  Cal. 
52;  135  Cal.  515:  138  Cal.  131:  141  Cal.  207,  213: 
142  Cal.  300;  143  Cal.  556.  569:  145  Cal.  175,  291, 
688,  742,  749;  147  Cal.  530.  534:  148  Cal.  133. 


88  Charter  of  the  City  of  Berkeley 

Amendment  of  Charters. — 

People  vs.  City  of  Coronado,  100  Cal.  571,  35  Pac.  162 ; 
Blanehard  vs.  Hortwell,  62  Pac.  509 ; 
Harrison  vs.  Roberts,  131  Cal.  263,  63  Pac.  349 ; 
Lubliner  vs.  Bd.  Supervisors,  145  Cal.  173,  78  Pac. 

537; 
City  and  County  of  San  Francisco,  145  Cal.  291.  78 

Pac.  722. 

New  Charter  accepted  when  voted  for  by  majority  of  elec- 
tors.— 

Thomason  vs.  Ashworth,  73  Cal.  77,  14  Pac.  615. 
Charter  change  under  sec.  8,  art.  11,  Const. — 
People  vs.  Bagley,  85  Cal.  348,  24  Pac.  716. 
Proceedings  to  annex  additional  territory. — 

People  vs.  City  of  Oakland,  92  Cal.  611,  28  Pac.  807. 
Re-organization  of  municipal  incorporation,  jurisdiction  of 
Board  of  Trustees. — 

People  vs.  Town  of  Berkeley,  102  Cal.  28,  36  Pac.  591. 
Eligibility  of  Freeholders. — 

People  ex  rel.  Hoffman  vs.  Hecht,  105  Cal.  621,  38  Pac. 
941. 

Charters  of  Cities,  may  provide  what. 

Sec.  81/2-  It  shall  be  competent,  in  all  Charters,  framed 
under  the  authority  given  by  section  eight  of  article  eleven 
of  this  Constitution,  to  provide,  in  addition  to  those  pro- 
visions allowable  by  this  Constitution  and  by  the  laws  of  the 
State,  as  follows: 

1.  For  the  constitution,  regulation,  government,  and  juris- 
diction of  Police  Courts,  and  for  the  manner  in  which,  the 
times  at  which,  and  the  terms  for  which  the  judges  of  such 
courts  shall  be  elected  or  appointed,  and  for  the  compensa- 
tion of  said  judges  and  of  their  clerks  and  attaches. 

2.  For  the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  members  of  boards  of  education  shall 
be  elected  or  appointed,  and  the  number  which  shall  con- 
stitute any  one  of  such  boards. 

3.  For  the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  members  of  the  boards  of  police  commis- 
sioners shall  be  elected  or  appointed ;  and  for  the  constitution, 


J 


Charter  op  the  City  op  Berkeley  89 

regulation,  compensation,  and  government  of  such  boards 
and  of  the  municipal  police  force. 

4.  For  the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  members  of  all  boards  of  election  shall  be 
elected  or  appointed,  and  for  the  constitution,  regulation, 
compensation,  and  government  of  such  boards,  and  of  their 
clerks  and  attaches ;  and  for  all  expenses  incident  to  the  hold- 
ing of  any  election. 

Where  a  city  or  county  government  has  been  merged  and 
consolidated  into  one  municipal  government,  it  shall  also  be 
competent  in  any  Charter  framed  under  said  section  eight  of 
said  article  eleven,  to  provide  for  the  manner  in  which,  the 
times  of  which,  and  the  terms  for  which  the  several  county 
officers  shall  be  elected  or  appointed,  for  their  compensation, 
and  for  the  number  of  deputies  each  shall  have,  and  for  the 
compensation  payable  to  each  of  such  deputies.  (New  sec- 
tion; adopted  November  3,  1896.) 

120  Cal.  399;  126  Cal.  406;  128  Cal.  462;  132  Cal.  441; 

135  Cal.  514;  136  Cal.  586,  587 ;  145  Cal.  53.  742.  744, 

748 ;  148  Cal.  133. 

Compensation  and  term  of  officers. 

Sec.  9.  The  compensation  of  any  county,  city,  town  or 
municipal  officer  shall  not  be  increased  after  his  election  or 
during  his  term  of  office ;  nor  shall  the  term  of  any  such 
officer  be  extended  beyond  the  period  for  which  he  is  elected 
or  appointed. 

61  Cal.  277;  62  Cal.  566;  66  Cal.  10;  67  Cal.  119;  81  Cal. 

590;  83  Cal.  362;  85  Cal.  596;  87  Cal.  396;  92  Cal. 

319;  94  Cal.  603;  95  Cal.  473;  97  Cal.  590;  98  Cal. 

221 ;  104  Cal.  66,  644 ;  109  Cal.  508,  517 ;  114  Cal.  123 ; 

118  Cal.  309,  362;  129  Cal.  527;  136  Cal.  65;  138  Cal. 

16;  144  Cal.  277;  145  Cal.  197. 

Taxes  not  to  be  released. 

Sec.  10.  No  count}',  city,  town  or  other  public  or  muni- 
cipal corporation,  nor  the  inhabitants  thereof,  nor  the  prop- 
erty therein,  shall  be  released  or  discharged  from  its  or  their 
proportionate  share  of  taxes  to  be  levied  for  State  purposes, 
nor  shall  commutation  for  such  taxes  be  authorized  in  any 
form  whatsoever. 

61  Cal.  277;  92  Cal.  296.  319;  104  Cal.  644:  141  Cal.  210. 


90  Charter  of  the  City  op  Berkeley 

1 

Local  laws. 

Sec.  11.  Any  count}^  city,  town  or  township  may  make 
and  enforce  within  its  limits  all  such  local,  police,  sanitary, 
and  other  regulations  as  are  not  in  conflict  with  general  laws. 
57  Cal.  607 ;  60  Cal.  78 ;  61  Cal.  277,  375 ;  62  Cal.  540 ;  64 
Cal.  391 ;  65  Cal.  33,  85,  270,  310 ;  66  Cal.  450 ;  67  Cal. 
103;  68  Cal.  296;  69  Cal.  92,  151,  610;  70  Cal.  35;  71 
Cal.  204;  72  Cal.  115,  125;  73  Cal.  77,  148,  372,  541, 
633 ;  74  Cal.  23 ;  76  Cal.  512 ;  77  Cal.  542 ;  79  Cal.  105 ; 
83  Cal.  390;  84  Cal.  305;  86  Cal.  232,  255;  87  Cal. 
91,  165 ;  90  Cal.  620 ;  91  Cal.  590 ;  92  Cal.  296 ;  94  Cal. 
391;  96  Cal  356,  607;  98  Cal.  73,  556,  684;  99  Cal. 
560;  102  Cal.  163,  172,  489;  103  Cal.  Ill,  113;  104 
Cal.  278,  644;  105  Cal.  161;  106  Cal.  283,  401;  108 
Cal.  327;  109  Cal.  321;  112  Cal.  70,  415;  115  Cal. 
372,  630 ;  117  Cal.  332 ;  124  Cal.  347 ;  128  Cal.  435 ; 
129  Cal.  574;  131  Cal.  466;  134  Cal.  70,  75,  111,  145; 
139  Cal.  183;  140  Cal.  230;  143  Cal.  246,  371;  145 
Cal.  631,  637,  640 ;  147  Cal.  334 ;  149  Cal.  761.  App. 
R.  1,  184;  App.  R.  2,  722. 

Legislature  not  to  impose  taxes  on. 

Sec.  12.  The  Legislature  shall  have  no  power  to  impose 
taxes  upon  counties,  cities,  towns  or  other  public  or  municipal 
corporations,  or  upon  the  inhabitants  or  property  thereof, 
for  county,  city,  town  or  other  municipal  purposes,  but  may, 
by  general  laws,  vest  in  the  corporate  authorities  thereof  the 
power  to  assess  and  collect  taxes  for  such  purposes. 

54  Cal.  536,  571 ;  56  Cal.  508 ;  58  Cal.  624,  644;  59  Cal.  94; 
60  Cal.  32,  35,  155 ;  61  Cal.  59,  277 ;  65  Cal.  33,  271, 
290;  66  Cal.  88,  448,  537,  610,  642;  69  Cal.  149,  608; 
71  Cal.  310;  72  Cal.  388,  404;  73  Cal.  77,  372;  74  Cal. 
117;  77  Cal.  511,  518,  542;  86  Cal.  255;  87  Cal.  506, 
607 ;  88  Cal.  359 ;  92  Cal.  296,  319 ;  93  Cal.  418 ;  97 
Cal.  218;  99  Cal.  561;  100  Cal.  268;  102  Cal.  Ill, 
471;  104  Cal.  644;  107  Cal.  526;  112  Cal.  70;  117 
Cal.  86 ;  121  Cal.  551 ;  124  Cal.  696 ;  129  Cal.  602 ;  134 
Cal.  148 ;  137  Cal.  520 ;  143  Cal.  567. 

Municipal  power  not  granted  by  Legislature. 

Sec.  13.  The  lA^gislature  shall  not  delegate  to  any  special 
commission,   private   corporation,   company,   association,   or 


Charter  op  the  City  of  Berkeley  91 

individual,  any  power  to  make,  control,  appropriate,  super- 
vise, or  in  any  way  interfere  with  any  county,  city,  town  or 
municipal  improvement,  money,  property,  or  eflfects,  whether 
held  in  trust  or  otherwise,  or  to  levy  taxes  or  assessments,  or 
perform  any  municipal  functions  whatever. 

54  Cal.  94.  579;  55  Cal.  618;  60  Cal.  32;  61  Cal.  277;  68 

Cal.  554;  71  Cal.  314,  630;  80  Cal.  270;  86  Cal.  48; 
87  Cal.  607 ;  88  Cal.  359,  412 ;  95  Cal.  78 ;  97  Cal.  219 ; 
99  Cal.  554,  560;  107  Cal.  526;  112  Cal.  329.  564; 
118  Cal.  308;  121  Cal.  546;  125  Cal.  193;  126  Cal. 
134;  133  Cal.  103;  144  Cal.  333;  148  Cal.  631. 

State,  county  and  municipal  bonds. 

Sec.  131/^.  Nothing  in  this  Constitution  contained  shall  be 
construed  as  prohibiting  the  State  or  any  county,  city  and 
county,  city,  town,  municipality,  or  other  public  corporation, 
issuing  bonds  under  the  laws  of  the  State,  to  make  said  bonds 
payable  at  any  place  within  the  United  States  designated  in 
said  bonds.     (New  section;  adopted  November  6,  1906.) 

Local  inspection  oflScers. 

See.  14.  No  State  oflfice  shall  be  continued  or  created  in 
any  county,  city,  town,  or  other  municipality,  for  the  inspec- 
tion, measurement,  or  graduation  of  any  merchandise,  manu- 
facture, or  commodity;  but  such  county,  city,  town,  or  munic- 
ipality may.  when  authorized  by  general  law.  appoint  such 
oflRcers. 

55  Cal.  618 ;  59  Cal.  279 ;  61  Cal.  277 ;  65  Cal.  445 ;  73  Cal. 

77 :  81  Cal.  497 ;  98  Cal.  465. 

Private  property  not  to  be  sold  for  corporate  debt. 

See.  15.  Private  property  shall  not  be  taken  or  sold  for 
the  payment  of  the  corporate  debt  of  any  political  or  muni- 
cipal corporation. 

61  Cal.  277 ;  81  Cal.  498. 

Moneys  to  be  deposited  with  Treasurer. 

See.  16.  All  moneys,  assessments,  and  taxes  belonging  to 
or  collected  for  the  use  of  any  county,  city,  town  or  other 
public  or  municipal  corporation,  coming  into  the  hands  of 
any  officer  thereof,  shall  immediately  be  deposited  with  the 
Treasurer,  or  other  legal  depositary,  to  the  credit  of  such 


92  Charter  op  the  City  op  Berkeley 

city,  town,  or  other  corporation,  respectively,  for  the  benefit 
of  the  funds  to  which  they  respectively  belong. 

61  Cal.  277 ;  81  Cal.  498 ;  84  Cal.  76 ;  86  Cal.  45 ;  87  Cal. 

607 ;  92  Cal.  319 ;  95  Cal.  150 ;  97  Cal.  219 ;  103  Cal. 

493;    108  Cal.   565;    112  Cal.   315,  329;    113  Cal. 

205 ;  120  Cal.  5 ;  126  Cal.  134 ;  146  Cal.  719. 

Deposit  of  moneys  belonging  to  State,  county  or  municipality. 

Sec.  161/^.  All  moneys  belonging  to  the  State,  or  to  any 
county  or  municipality  within  this  State,  may  be  deposited  in 
any  national  bank  or  banks  within  this  State,  or  in  any  bank 
or  banks  organized  tmder  the  laws  of  this  State,  in  such  man- 
ner and  under  such  conditions  as  may  be  provided  by  law; 
provided,  that  such  bank  or  banks  in  which  such  moneys  are 
deposited  shall  furnish  as  security  for  such  deposits,  bonds 
of  the  United  States,  or  of  this  State  or  any  county,  muni- 
cipality or  school  district  within  this  State,  to  be  approved 
by  the  officer  or  officers  designated  by  law ;  to  an  amount  in 
value  of  at  least  ten  per  cent  in  excess  of  the  amount  of  such 
deposit ;  and  provided,  that  such  bank  or  banks  shall  pay  a 
reasonable  rate  of  interest,  not  less  than  two  per  cent  per 
annum  on  the  daily  balances  therein  deposited ;  and  pro- 
vided, that  no  deposit  shall  at  any  one  time  exceed  fifty  per 
cent  of  the  paid-up  capital  stock  of  such  depository  bank  or 
banks;  and  provided  further,  that  no  officer  shall  deposit  at 
one  time  more  than  twenty  per  cent  of  such  public  moneys 
available  for  deposit  in  any  bank  while  there  are  other  quali- 
fied banks  requesting  such  deposits.  (New  section;  adopted 
November  6,  1906.) 

Public  funds  not  to  be  used  for  private  profit. 

Sec.  17.  The  making  of  profit  out  of  county,  city,  town  or 
other  public  money,  or  using  the  same  for  any  purpose  not 
authorized  by  law,  by  any  officer  having  the  possession  or 
control  thereof,  shall  be  a  felony,  and  shall  be  prosecuted  and 
punished  as  prescribed  by  law. 

61  Cal.  277;  81  Cal.  498;  87  Cal.  607;  97  Cal.  219;  113 
Cal.  205;  136  Cal.  445. 

Annual  debt  not  to  exceed  annual  income. 

Sec.  18.  No  county,  city,  town,  township,  board  of  educa- 
tion, or  school  districts,  shall  incur  any  indebtedness  or  liabil- 
ity in  any  manner  or  for  any  purpose  exceeding  in  any  year 


i 


Ch^vkter  of  the  City  of  Berkeley  93 

the  income  and  revenue  provided  for  such  year,  without  the 
assent  of  two  thirds  of  the  qualified  electors  thereof,  voting 
at  an  election  to  be  held  for  that  purpose,  nor  unless  before 
or  at  the  time  of  incurring  such  indebtedness  provision  shall 
be  made  for  the  collection  of  an  annual  tax  sufficient  to  pay 
the  interest  on  such  indebtedness  as  it  falls  due,  and  also 
provision  to  constitute  a  sinking  fund  for  the  payment  of  the 
principal  thereof  on  or  before  maturity,  which  shall  not  ex- 
ceed forty  years  from  the  time  of  contracting  the  same;  pro- 
vided, however,  that  the  City  and  County  of  San  Francisco 
may  at  any  time  pay  the  unpaid  claims,  with  interest  thereon 
at  the  rate  of  five  per  cent  per  annum,  for  materials  furnished 
to  and  work  done  for  said  city  and  county  during  the  forty- 
first,  forty-second,  forty-third,  forty-fourth  and  fiftieth  fiscal 
years,  and  for  unpaid  teachers'  salaries  for  the  fiftieth  fiscal 
year,  out  of  the  income  and  revenue  of  any  succeeding  year 
or  years,  the  amount  to  be  paid  in  full  of  said  claims  not  to 
exceed  in  the  aggregate  the  sum  of  five  hundred  thousand 
dollars,  and  that  no  statute  of  limitations  shall  apply  in  any 
manner  to  these  claims ;  and  provided  further,  that  the  City 
of  Vallejo.  of  Solano  County,  may  pay  its  existing  indebted- 
ness incurred  in  the  construction  of  its  waterworks  whenever 
two-thirds  of  the  electors  therefor  voting  at  an  election  held 
for  that  purpose  shall  so  decide,  and  that  no  statute  of  limi- 
tations shall  apply  in  any  manner.  Any  indebtedness  or 
liability  incurred  contrary  to  this  provision,  with  the  ex- 
ceptions hereinbefore  recited,  shall  be  void.  (Amendment 
adopted  Nov.  6,  1900.) 

Section  18  amended  by  adding  the  following,  adopted 
November  6,  1906 :  The  City  and  County  of  San  Francisco, 
the  City  of  San  Jose  and  the  town  of  Santa  Clara  may  make 
provision  for  a  sinking  fund,  to  pay  the  principal  of  any  in- 
debtedness incurred,  or  to  be  hereafter  incurred,  by  it,  to  com- 
mence at  a  time  after  the  incurring  of  such  indebtedness  of 
not  more  than  a  period  of  one-fourth  of  the  time  of  maturity 
of  such  indebtedness,  which  shall  not  exceed  seventy-five 
years  from  the  time  of  contracting  the  same.  Any  indebted- 
ness incurred  contrary  to  any  provision  of  this  section  shall 
be  void. 

5  Cal.  288 ;  34  Cal.  290 ;  39  Cal.  270 ;  43  Cal.  534 :  61  Cal. 
277;  62  Cal.  642;  74  Cal.  224.  259.  417:  75  Cal.  505; 


94  Charter  op  the  City  of  Berkeley 

80  Cal.  363 ;  81  Cal.  498  ;  86  Cal.  45 ;  89  Cal.  114.  387 ; 
90  Cal.  546 ;  92  Cal.  296,  342 ;  97  Cal.  219 ;  99  Cal. 
149,  413;  103  Cal.  655;  106  Cal.  153;  107  Cal.  181. 
648;  109  Cal.  153;  111  Cal.  322;  112  Cal.  163,  313, 
326,  440;  113  Cal.  161,  202;  115  Cal.  37;  118  Cal. 
530;  119  Cal.  44,  227,  634;  124  Cal.  61;  131  Cal.  297; 
135  Cal.  500;  136  Cal.  405;  143  Cal.  179;  144  Cal. 
395 ;  146  Cal.  730,  732 ;  148  Cal.  709. 

Use  of  streets  for  gas  and  water  pipes. 

See.  19.  In  any  city  where  there  are  no  public  works, 
owned  and  controlled  by  the  municipality  for  supplying  the 
same  with  water  or  artificial  light,  any  individual,  or  any 
company  duly  incorporated  for  such  purpose  under  and  by 
authority  of  the  laws  of  this  State,  shall,  under  the  direction 
of  the  Superintendent  of  Streets,  or  other  officer  in  control 
thereof,  and  under  such  general  regulations  as  the  munici- 
pality may  prescribe  for  damages,  and  indemnity  for  dam- 
ages, have  the  privilege  of  using  the  public  streets  and 
thoroughfares  thereof,  and  of  laying  down  pipes  and  conduits 
therein,  and  connections  therewith,  so  far  as  may  be  neces- 
sary for  introducing  into  and  supplying  such  city  and  its 
inhabitants  either  with  gas  light  or  other  illuminating  light, 
or  with  fresh  water  for  domestic  and  all  other  purposes,  upon 
the  condition  that  the  municipal  government  shall  have  the 
right  to  regulate  the  charges  thereof.  (Amendment  adopted 
November  4,  1884.) 

(Original  Section.)  Sec.  19.  No  public  work  or  improve- 
ment of  any  description  whatsoever,  shall  be  done  or  made, 
in  any  city,  in,  upon  or  about  the  streets  thereof,  or  other- 
wise, the  cost  and  expense  of  which  is  made  chargeable  or 
may  be  assessed  upon  private  property  by  special  assessment, 
unless  an  estimate  of  such  cost  and  expense  shall  be  made, 
and  an  assessment,  in  proportion  to  benefits,  on  the  property 
to  be  affected  or  benefited  shall  be  levied,  collected,  and  be 
paid  into  the  city  treasury  before  such  work  or  improvement 
shall  be  commenced,  or  any  contract  for  letting  or  doing  the 
same  authorized  or  performed.  In  any  city  where  there  are 
no  public  works  owned  and  controlled  by  the  municipality 
for  supplying  the  same  with  water  or  artificial  light,  any  in- 
dividual, or  any  company  duly  incorporated  for  such  purpose 


Charter  op  the  City  of  Berkeley  95 

under  and  by  authority  of  the  laws  of  this  State,  shall,  under 
the  direction  of  the  Superintendent  of  Streets,  or  other  officer 
in  control  thereof,  and  under  such  general  regulations  as  the 
municipality  may  prescribe  for  damages  and  indemnity  for 
damages,  have  the  privilege  of  using  the  public  streets  and 
thoroughfares  thereof,  and  of  laying  down  pipes  and  con- 
duits therein,  and  connections  therewith,  so  far  as  may  be 
necessary  for  introducing  into  and  supplying  such  city  and 
its  inhabitants  either  with  gas  light  or  other  illuminating 
light,  or  with  fresh  water  for  domestic  and  all  other  pur- 
poses, upon  the  condition  that  the  municipal  government 
shall  have  the  right  to  regulate  the  charges  thereof. 

54  Cal.  246 ;  56  Cal.  654 ;  57  Cal.  616 ;  61  Cal.  24,  277 ;  62 

Cal.  108.  209,  232,  238 ;  69  Cal.  466,  481 ;  72  Cal.  5 ; 

73  Cal.  75 ;  79  Cal.  45,  281 ;  81  Cal.  497 ;  92  Cal.  296, 

342;  93  Cal.  161;  98  Cal.  618;  118  Cal.  5,  118,  584; 

129  Cal.  402 ;  137  Cal.  118 ;  142  Cal.  242.  287 ;  143  Cal. 

371 ;  145  Cal.  632,  633.  635.  639,  640 ;  148  Cal.  315, 

327,  333,  370.  App.  R.  1.  673,  677.  678;  App.  R.  2, 

560.  722. 


m 


ANNOTATED    CROSS-REFERENCE    INDEX. 

Abattoirs,  City  may  acquire  by  purchase,  §  97. 
Abandoned  ob  closed  steeets,  §  156. 
Accountant,  Mayor  to  employ  public,  §  61. 

beginning  each  fiscal  year. 

compensation  to  be  a  stipulated  sum. 

must  examine  books,  etc.,  and  report  semi-annually. 

includes  Auditor  and  all  disbursing  officials. 

triplicate  reports  to  be  made. 

one  each  to   Mayor  and   Auditor. 

report   to  be  filed  with  City  Clerk. 

unlimited  privilege  of  investigation. 

may  examine  officials  under  oath. 

entitled  to  full  assistance  and  information. 

failure  to  assist   and   inform,   forfeits   office. 

Council  to  provide  compensation  of. 
Accounts,  §  186. 

uniform  accounts  and  reports. 

Council  to  prescribe  uniform  forms  of. 

to  be  observed  by  all  officers  and  departments. 

act  of  legislature  calling  for,  to  govern  City  authorities. 
Accommodation  of  public  and  service,  §  207. 
Advertisement. 

Applications  for   franchises,   §  199. 

fact  of  application  to  be  advertised. 

that  it  is  proposed  to  grant  the  same. 

to  be  published  in  the  official  newspaper. 

to  run  for  ten  successive  days. 

time  of  completion  of  advertisement. 
Conditions  of  grant,  §  200. 

to  state  character  of  franchise  or  privilege. 

if  railroad,  route  to  be  traversed. 

time  and  place  of  opening  sealed  bids. 

that  award  will  be  made  to  highest  bidder. 

highest  percentage  of  gross  annual  receipts. 
Administering  oaths,  §  57. 

elective  officers  to  administer  oaths. 

verification  deputies  to  administer  oaths,  §  11. 
Additional  powers,  §  171. 

conferred  upon  Council  to  legislate. 
Alcoholic  liquors,  §  138. 

licensing,  when  authorized  by  law. 

alternative   proposition   relating  to,   §  252. 
Alameda,  County  of,  §  255. 

intersection  of  boundary  line,  §  3. 

records  in  office  of  Kecorder  of. 


98  Charter  of  the  City  of  Berkeley 

Alley,  Council  to  order  and  control  street  work  upon,  §  152. 

Amendment  and  revision,  §  90. 

may  not  be  made  by  reference  to  title  only. 

but  only  as  provided  for  adoption  of  ordinances. 

Animals,  cruelty  to,  §  130. 

Council  to  prohibit  and  punish  cruelty  to. 

to  require  clean  and  healthful  condition  where  kept. 
Public  pound,  §  129. 

running  at  large  to  be  prevented. 

establishment  of  pound  for. 

destruction  and  disposition  of. 
Animal  refuse,  §  137. 

to  be  collected  and  disposed  of. 

offal  and  dead  animals  collected  and  disposed  of. 

Annual  budget,  Council  to  make,  of  amounts  required,  etc.,  §  176. 

Annual  reports,  §  214. 

annual  reports  of  company. 

includes  every  person,  firm  or  corporation. 

operating  under  Charter  franchise. 

written  annual  report  to  be  filed  with  Auditor. 

to  be  verified  by  affidavit. 

to  contain  detailed  statement  as  prescribed  by  Council. 

to  comprise  gross  receipts  for  year  preceding  report. 

such  further  statement  as  Council  may  require. 

also  all  expenditures  for  new  construction,  etc. 

Annual  estimate.  Board  of  Education,  §  244. 

Annual  tax  levy.  Council  to  provide  method  of  ordering  same,  §  177. 

(See  under  Council.) 
Applications  fob  franchises,  §  199. 

applications  to  be  filed  with  Council. 

to  be  advertised  in  oflScial  newspaper. 

advertisement  must  run  ten  consecutive  days. 

must  be  complete  not  less  than  twenty  days. 

not  more  than  thirty  days  before  further  action. 
Apparatus,  as  precautions  against  fires,  §  122. 
Apartment  houses,  §  135. 

Council  to  regulate  and  prevent  overcrowding  of. 

to  require  proper  sanitary  conditions  in. 
Art,  Civic  Commission,  §  166. 

Council  to  establish. 

to  appoint  Commissioners  thereon  without  compensation. 

powers  and  duties  to  be  fixed  by  Council. 
Art  Galleries,  Council  to  establish,  etc.,  §  97. 
Ashes,  precautions  against  fires,  §  122. 

Council  to  provide  for  collection  and  disposal  of. 


Chabteb  op  the  City  of  Berkeley  99 

Assessor,  a  chief  official  of  the  City,  §  67. 

to  be  appointed  and  may  be  removed  by  Council. 

Council  n".ay  consolidate  office,  when. 

Council  to  prescribe  the  duties  of. 
Assignment,  oe  lease,  of  franchise,  §  211. 

forbidden  without  express  consent  of  the  City. 

grantees  of  franchise  may  assign,  when. 
Assembly,  Concurrent  Resolution  Xo.  10,  preamble  of,  §  254. 
Attorney  a  chief  official  of  the  City,  §  67. 

appointed  and  may  be  removed  by  Council. 

Council  may  consolidate  office,  when. 

Council  to  prescribe  duties  of.     (See  City  Attorney.) 

Auditor,  an  elective  officer  of  the  City,  §  45. 
Annual  reports  of  company,  §  214. 

to  be  filed  with,  at  time  fixed  by  Council. 

form,  detail  and  requirements  of  report  specified. 
Disposition  of  money  collected,  §  185. 

officials  collecting  and  receiving  to  settle  with. 

on  or  before  last  day  of  each  month. 

or  more  frequently  if  Council  so  directs. 

payments  into  treasury  on  order  of. 

assign  to  funds  to  which  they  severally  belong. 

all  city  contracts  to  be  countersigned  by,  §  187. 

to  number  and  register  same  in  books  for  that  purpose. 
Duties  of,  §  183. 

endorse  all  warrants  "Allowed." 

subscribe,  date  and  sign  all  warrants. 

specify  items  in  demand  and  date  thereof. 

be  acquainted  with  condition  of  treasury. 

certify  to  Treasurer  amount  of  debts  due  to  City. 

specify  fund  and  from  what  source  derived. 

charge  Treasurer  with  amount  received. 

apportion  public  money  to  the  several  funds. 

notify  Treasurer  of  apportionment. 

countersign  and  deliver  licenses,  receipts,  etc. 

report  condition  of  each  fund  to  Council  on  the  first  Monday  in 

each  month,  or  oftener. 
keep  complete  set  of  books, 
set  forth  every  money  transaction, 
state  City's  financial  condition  at  any  time, 
draw  all  warrants  on  the  treasury. 

perform  other  duties  as  required  by  Charter  or  ordinance. 
Eligibility  of,  §  47. 

must  be  a  citizen  of  the  United  States. 

must  be  a  qualified  elector  of  the  State  and  City. 

term  of  office  two  years  from  July  Ist  after  election,  §  51. 

salary  $1800  per  annum,  §  56. 

payable  in  equal  monthly  installments. 


100  Charter  of  the  City  of  Berkeley 

Auditor  (Continued). 

official  bond  to  be  $10,000,  §  54. 
bond  to  be  approved  by  Mayor, 
conditions  of  bond  set  forth, 
books  of,  to  be  examined  semi-annually,  §  61. 
to  receive  reports  from  public  accountant, 
to  receive  assessment  roll  from  Council,  §  178. 
to  compute  tax  levy  made  by  Council, 
to  cover  each  property  contained  in  assessment  roll, 
to  certify  corrected  list  as  assessment  roll. 
Examination  of  company's  books.     Audit,  §  213. 
Auditor,  deputy  or  account  to  examine, 
includes  all  vouchers  and  records, 
of  any  person,  firm  or  corporation, 
exercising  or  enjoying  any  franchise  or  privilege, 
to  verify  statements  of  gross  receipts, 
or  other  purposes  connected  with  city. 
under  charter  or  ordinance  granting  franchise, 
may  audit  same  at  the  end  of  each  year. 

Audit.     Examination  of  company's  books,   §  213.      (See  Auditor.) 

Avenue,  §  3. 

Claremont,  Art.  2,  Sec.  3,  Boundaries. 

College,  Art.  2,  Sec.  3,  Boundaries. 

Alcatraz,  Art.  2,  Sec.  3,  Boundaries. 

San  Pablo,  Art.  2,  Sec.  3,  Boundaries. 

Posen,  Art.  2,  Sec.  3,  Boundaries. 

Monterey,  Art.  2,  Sec.  3,  Boundaries. 
Ayes  and  noes,  §  82. 

to  be  taken  upon  passage  of  all  ordinances  and  resolutions. 

to  be .  entered  in  journal  of  proceedings  of  the  Council. 

BaUjOTS,  form  and  requirements  of. 

Arrangement  of  offices  on  ballot,  §  23. 

offices  arranged  in  separate  columns. 

mode  of  designating  each  office. 
Blank  spaces  for  additional  candidates,  §  25. 

half -inch  spaces  to  be  provided  for  additional  names. 

equal  in  number  to  the  number  to  be  voted  for. 

voter  may  write  therein  names  of  his  candidates. 
Election  under  the  initiative,  §  224. 

ballots  to  contain  words  "For"  or  "Against  the  Ordinance." 

to  set  forth  title  and  general  nature  of  proposed  ordinance. 
Every  nominee  to  be  on  ballot,  §  22. 

no  candidate   omitted  who   has  been  nominated  and  not  with- 
drawn. 
Form  of,  §  19. 

to  be  printed,  bound  and  numbered  as  required  by  State  law. 

to  contain  names  of  officers. 

to  conform  to  proclamation. 


Charter  of  the  City  op  Berkeley  101 

Ballots   (Continued). 

Instructions  to  voters,  §  20. 

to  vote,  stamp  or  write  a  cross  (X). 

opposite  the  name  of  the  desired  candidate. 

distinguishing  marks  forbidden  and  invalidate  ballot. 

defective  ballots  returnable  to  inspector. 
Publication  of  popular  ordinance,  §  223. 

sample  ballots  mailed  with  popular  ordinance. 

substitute  for  sample  ballot  by  publication. 
Requirements  of  ballot,  §  21. 

all  ballots  to  be  same  size,  quality,  tint  of  paper. 

also  same  kind  of  type  and  color  of  ink. 

one  ballot  to  be  undistinguishable  from  another. 

candidates'  names  printed  in  same  size  type  and  style. 

right-hand  column  for  charter  amendments  or  popular  questions. 

candidates'  names  arranged  in  alphabetical  order. 
Sample  ballots,  §  26, 

clerk  to  furnish  sample  ballots. 

to  be  identical  with  official  ballot. 

to  be  supplied  at  least  five  days  before  election. 

one  such  ballot  to  be  mailed  to  each  voter. 

to  be  mailed  at  least  three  days  before  election. 
Space  for  voting  cross,  §  24. 

half-inch  squares  to  be  provided. 

placed  at  the  right  of  the  name  of  each  candidate. 

cross  to  be  marked  therein. 
Baths,  City  may  acquire,  own  and  operate,  §  97. 

Bequests. 

Bequests  and  donations,  §  103. 

City  may  receive  bequests  of  any  kind  for  any  purpose. 

power  conferred  to  manage,  sell,  etc. 

governed  by  terms  of  bequest,  gift  or  trust. 

or  without  terms  if  same  be  unconditional. 
Beginning  and  completion  of  work,  §  206. 

under  franchise  granted  by  City. 
Berkeley,  name  and  rights  of  the  City,  defined  and  prescribed,  §  1.  . 

history  of  the  City  of  Berkeley. 

Billboards  and  signs,  §  127. 

Council  to  regulate,  license  or  prohibit. 
Bidding  for  the  franchise,  §  201. 

when  bids  opened,  other  bidders  may   raise  same. 

minimum  amounts  to  raise  bids. 

highest  gross  annual  receipts  secures  franchise. 

Council  may  withdraw  franchise  from  sale,  when. 
Bidding,  free  competition  in,  §  203. 

conditions   preventing   free  competition   forbidden. 

all  favoritism  precluded. 


^ 


102  Charter  of  the  City  op  Berkeley 

Bidder,  collusion  with,  §  194. 

defined,  prescribed  and  penalty  therefor. 

oflScial  collusion  punishable  by  removal  from  office. 
Collusion  by,   §  195. 

renders  contract  null  and  void. 

Council  to  advertise  for  new  contract. 

or  cause  work  to  be  done  by  Department  of  Public  Works. 
Blackstone  street,  §  3.     (See  Boundaries.) 
Boundaries,  of  City,  described,  outlined  and  determined,  §  3. 
Bonds,  official,  §  54. 

amounts  and  terms  of  bonds  specified. 

conditions  and  approval  of. 

mode  of  endorsement  and  by  whom  approved. 

to  be  filed  with  City  Clerk. 

provisions  of  State  law  to  be  complied  with. 
Borrowing  money,  §  104. 

City  may  borrow  for  authorized  purposes. 

may  issue  bonds  therefor. 
Bond,  successful  bidder,  §  204. 

successful  bidder  to  file  bond  running  to  City. 

to  be  approved  by  Council. 

time  and  conditions  of  filing  same. 

if  bond  not  filed,  award  to  be  set  aside. 

deposit  of  money  in  connection  with,  forfeited,  when. 

Council  may  readvertise  and  sell. 
Borrowing  money,  §  104. 

City  may  issue  bonds  for  this  purpose. 

bonded  indebtedness  governed  by  general  laws  of  State. 

may  borrow  in  anticipation  of  succeeding  tax  levy,  §  105. 

to  provide  for  repayment  with  interest  not  exceeding  5%. 
Boilers  and  engines,  §118. 

Council  to  regulate  use  and  locality  of. 

includes  gas,  steam  and  electric  motors. 

use  prohibited  when  public  safety  endangered. 
Boulevards,  §  155. 

Council  to  set  a|)art  certain  streets  therefor. 

to  regulate  and  prevent  heavy  teaming  thereon. 

to  refuse  railroad  or  other  franchises  thereon. 

to  prohibit  railroad  tracks  upon. 

excepting  as  i)ormitted  by  initiative  and  referendum. 
Board,  annual  estimate  of  expenditures  for,  §  174. 
Annual  budget  j)roviding  allowance  for,  §  176. 
Of  equalization,  §  177. 

Council  to  act  as,  annually. 

between  the  first  and  last  Mondays  in  August. 

sessions  to  continue  daily. 

power  to  hear  complaints  conferred. 

may  correct,  modify,  strike  out  or  raise  any  assessment. 

provided  notice  be  given  with  reference  to  same. 


Charter  op  the  City  of  Berkeley  103 

BOABD  OF  Education,  §  232. 

to  have  entire  control  of  public  schools. 

governed  by  constitution  and  general  laws  of  State. 

vested  with  all  powers  and  charged  with  all  duties. 

governing  City  Boards  of  Education. 
Annual  estimate  of  expenses,  §  244. 

Board  to  submit  to  Council  annually  an  estimate. 

upon  such  date  as  Council  may  determine. 

to  include  moneys  received  from  State  and  county  tax. 

to  furnish  detail  estimate  of  amount  required  for  ensuing  year. 

subject  to  Charter,  assessed  and  collected  in  annual  tax  levy. 

proceeds  to  be  immediately  paid  into  school  fund. 

to  be  drawn  out  only  upon  order  of  the  Board. 
Election  of  teachers,  §  241. 

teachers  elected  upon  nomination  and  recommendation  of  Super- 
intendent. 

Superintendent  governed  by  rules  of  nomination  of  Board. 
Meetings  to  be  public,  §  237. 
Meetings,  §  234. 

time  of  meetings  to  be  prescribed  by  resolution. 

at  a  place  provided  by  the  Council. 

manner  of  calling  special  meetings  to  be  prescribed. 
Powers  and  duties  of  the  Superintendent,  §  239. 

to  be  the  executive  officer  of  the  Board. 

must  devote  full  time  to  duties  of  the  oflSce. 

subject  to  control  of  the  Board. 

orders  of  Board  to  be  given  through  him. 

to  examine  all  plans  relative  to  school  buildings. 

to  present  objections  in  writing  to  the  Board. 

to  supervise  the  course  of  instruction. 

responsible  for  discipline  and  conduct  of  the  schools. 

may  be  required  to  act  as  Secretary  of  the  Board. 
Powers  of  Superintendent  with  reference  to  teachers,  §  240. 

to  nominate  and  recommend  teachers  and  principals. 

to  assign  teachers  and  principals  and  make  transfers. 
President  of.  §  233. 

Board  to  annually  elect  one  of  its  number. 

removable  by  affirmative  vote  of  four  members. 

may  vote  only  as  a  member  of  the  Board. 
Quorum,   §  235. 

three  members  constitute  a  quorum. 

three  votes  necessary  to  pass  a  measure. 

less  number  than  three  may  adjourn  from  day  to  day. 

may  compel  the  attendance  of  absent  members. 

in  such  manner  as  the  Board  may  prescribe. 
Rules  of  proceedings  determined  by  Board.  §  236. 
School  warrants,  §  243. 

all  claims  to  be  filed  with  Secretary  of  Boar<l. 

approval  of  Board  to  be  endorsed  thereon. 


104  Charter  of  the  City  of  Berkeley 

Board  of  Education  (Continued). 

certificate  of  same  to  be  signed  by  President  and  Secretary. 

warrant  to  issue  upon  school  fund. 

to  be  signed  by  President  and  countersigned  by  Secretary. 

to  specify  purpose  for  which  drawn. 

to  receive  approval  of  Auditor  as  provided  in  §  183. 
Superintendent  of  schools  appointed  by  Board,  §  238. 
Tenure  of  teachers,  §  242. 

first  two  years  of  service  subject  to  annual  election. 

after  two  years'  service  to  be  elected  triennially. 

Bbead,  inspection  of  food  products,  §  133. 

Breadstuffs,  inspection  of  food  products,  §  133. 

Breakwater,  Council  to  provide  for,  etc.,  §  152. 

Building  regulations,  §  120. 

Council  to  regulate  construction  and  materials  usel. 

includes  chimneys,  stacks  and  other  structures. 

to  prevent  erection  and  maintenance  of  insecure  and  unsafe,  etc. 

to  provide  for  abatement  and  destruction  of  unsafe,  etc. 

to  regulate  construction  of  foundations  and  foundation  walls,  etc. 

drains  and  sewers. 

materials  used  for  piping  buildings  and  other  structures. 

wiring  for  electric  light,  power  and  heat. 

materials  used  in  supplying  water  and  gas. 

to  prohibit  buildings  which  do  not  conform  to  regulations. 

Butter,  inspection  of  food  products,  §  133. 

Budget,  annual,  Council  to  make,  as  to  annual  estimates,  §  176. 

Garrison  tract,  §  3.     (See  Boundaries.) 

Candidates. 

Removal  of  elective  officers,  §  40. 

officers  sought  to  be  removed  a  candidate. 

ballot  to  contain  name  unless  he  resigns. 

election  in  accordance  with  provisions  of  §  5. 
Vote  necessary  for  election,  §  27. 

receiving  a  majority  of  votes  for  all  candidates  elected. 

rule  affecting  Councilmen  and  School  Directors. 

no  person  elected  unless  votes  greater  than  one-half  ballots  cast. 

Canals,  City  to  acquire  by  purchase,  etc.,  §  97. 

Carriages. 

Regulation  of  public  vehicles,  §  139. 
Council  to  establish  stands  for. 
to  regulate  charges  of. 
to  require  schedules  to  be  posted  upon. 

Cards,  public  shows,  gambling. 

used  in  gambling  prohibited,  §  141. 

Card  machines  prohibited,  keeping  or  operating  of,  §  141. 


Charter  op  the  City  op  Berkeley  105 

Cash  basis  fund,  §  181. 

Council  to  create  and  maintain  permanent  revolving  fund. 

to  put  payment  of  running  expenses  of  City  on  cash  basis. 

not  less  than  2V2  cents  on  each  $100  of  assessed  value. 

Council  has  power  to  transfer  from   cash  basis  fund   to  other 
funds. 

money  transferred  from  cash  basis  fund  to  be  returned  thereto. 
CEETIFICA.TE,  form  of  individual,  upon  petition  of  nomination,  §  8. 
Ceriificates. 

Forms  to  be  supplied  by  the  City  Clerk,  §  9. 
Requirements  of,  §  10. 

each  certificate  must  be  a  separate  paper. 

must  be  of  uniform  size  as  determined  by  City  Clerk. 

to  contain  name  of  only  one  signer  thereto. 

to  contain  the  name  of  one  candidate  and  no  more. 

each  signer  must  be  a  qualified  elector. 

cannot  sign  for  another  candidate  for  the  same  office. 

excepting  where  there  are  several  places  to  be  filled  in  same 
office. 

signatures  on  conflicting  certificates  rejects  same. 

each  signer  must  verify  under  oath  his  certificate. 

before  a  notary  public  or  verification  deputy. 

to  contain  name  and  address  of,  if  insufficient. 
Cesspools,  Council  to  regulate  the  construction  and  use  of,  §  136. 

to  order  same  when  necessary  in  streets  and  avenues,  §  1.52. 
Cemeteries,  Council  to  acquire  by  purchase,  etc.,  §  97. 
Charts  and  maps  of  pipes  and  conduits  to  be  filed,  §  163. 
Chief  officials  of  the  City  designated,  §  67. 

appointed  and  removed  by  majority  vote  of  Council. 

offices  may  be  consolidated. 

duties  prescribed  by  the  Council. 

to   be   appointed   at   first   regulation   meeting   of   Council   after 
election. 

Council  to  determine  functions  and  duties  of. 
Chief  of  Police,  a  chief  official  under  Sec.  30,  §  67. 
Chimneys,  Council  to  regulate  the  construction  of,  §  120. 

Council  to  prevent  the  construction  of  dangerous.  §  122. 
Churches,  Council  to  provide  for  safety  of  public  in,  §  123. 

to  prohibit  obstructions  in  hallways  and  aisles. 

to  regulate  size  and  construction  of  entrances. 
Cheese,  inspection  of  foodstuffs,  §  133. 
Charter. 

First  election  under,  §  246. 

Board  of  Trustees  of  town  of  Berkeley  to  provide  for. 

to  canvass  votes,  declare  results  and  approve  bonds. 
Provision  of,  for  direct  legislation  by  peojtlo.  §  108. 

Council  subject  to  provisions  and  restrictions  of,  §  109. 


106  Charter  of  the  City  of  Berkeley 

Chaetee   (Continued.) 

penalties  for  violations  of  any  provisions  of,  §  111. 

taxations  subject  to  Charter  limitations,  §  143. 
Publication  of  Charter  and  ordinances,  §  95. 

Council  to  publish  in  book  form. 

separately  from  or  with  Charter. 

with  Constitution  and  laws  of  State  as  deemed  expedient. 
Violation  of,  §250. 

violation  to  be  deemed  a  misdemeanor. 

may  be  prosecuted  by  City  authorities. 

in  the  name  of  the  people  of  the  State. 

or  may  be  redressed  by  civil  action. 

imprisonment  for  violation  of  may  be  in  City  jail. 

or  in  county  jail  if  Council  so  order. 

expense  of  imprisonment  in  county  jail  charged  against  City. 

Charitable  institutions.  Council  may  establish  and  maintain,  §  97. 

Charities,  Commission  of  Public,  §  169. 

Council  to  establish  a  Commission  of  Public  Charities. 

Commissioners  thereon  to  serve  without  compensation. 

powers  and  duties  to  be  fixed  by  the  Council. 
City. 

City  Attorney,  §  62. 

on  demand  of  Mayor,  to  institute  and  prosecute  actions. 

to  enforce  the  provisions  of  Sec.  25  of  Art.  6  of  Charter. 

all  contracts  to  be  drawn  under  his  supervision,  §  187. 

to  prosecute  in  behalf  of  people  all  criminal  cases,  §  249. 

includes  violation  of  Charter  and  City  ordinances. 

to  attend  to  all  suits  in  which  City  is  legally  interested. 

subject  to  control  of  Council  in  all  litigation. 

Council  may  employ  independent  attorney. 

to  take  exclusive  charge  of  or  assist. 
City  Clerk. 

to  provide  uniform  size  for  certificates  of  nomination,  §  10. 

receive  and  endorse  date  upon  petition,  §  12. 

inspect  petition  as  to  conformity  with  Art.  3,  Sec.  5,  §  13. 

state  defects  or  omissions  and  reason  for  not  filing. 

return  defective  petition  to  person  designated  therein. 

receive  and  file  amended  petition  as  in  first  instance. 

file  verified  withdrawal  of  signature,  §  14. 

file  request  for  withdrawal  of  candidate,  §  15. 

preserve  petitions  of  candidates  for  two  years,  §  17. 

list  the  names  of  all  candidates,  §  18. 

certify  list  not  later  than  twenty  days  before  election. 

cause  ballots  to  be  printed,  bound  and  numbered,  §  19. 

coni])ly  with  legal  form  specified  in  Art.  3,  Sec.  5,  Subd.  14. 

furnish  samjjle  ballots  to  registered  voters,  when,  §  26. 

mail  sample  ballots  to  registered  voters,  when. 

receive  and  file  report  of  public  accountant,  §  61. 


Charter  op  the  City  of  Berkeley  107 

City,  City  Clerk   (Continued). 

described  and  designated  in  Charter  as  a  chief  oflBcial,  §  67. 

attest  all  resolutions  and  ordinances,  §  89. 

preserve  true  and  correct  record  of  City  ordinances,  §  93, 

keep  and  certify  same. 

enter  ordinances  in  book  marked  "City  Ordinances." 

copy  and  certificate  of  same  prima  facie  evidence  of  contents. 

after  use  in  court  cases,  to  be  returned  to  custody  of. 

certify  to  sufficiency  of  15%  petition,  §  221. 

certify  to  sufficiency  of  5%  petition,  §  222. 

mail  popular  ordinances  with  sample  ballot,  §  223. 
City  of  Berkeley,  boundaries  of,  described  and  delineated,  §  3. 
Bequests  and  donations,  §  103. 

to  receive  bequests,  donations  and  gifts  of  all  kinds. 

in  fee  simple,  or  in  trust  for  charitable  purposes,  etc. 

to  carry  out  the  purposes  of  such  bequests,  etc. 

to  have  power  to  manage,  sell,  lease  or  otherwise. 

to  dispose  of  in  accordance  with  terms  of  bequest. 

to  dispose  of  absolutely  if  same  be  unconditional. 
Borrowing  money.     Bonds.     §  104. 

borrow  money  for  authorized  purposes. 

issue  bonds  subject  to  State  law. 
Dangerous  and  oflfensive  occupations.    Disagreeable  noises.     §  132. 

health  and  good  order  of  City  to  be  preserved. 

to  regulate  and  prohibit  dangerous  occupations,  etc. 

to  regulate  and  suppress  disagreeable  noises,  etc. 
Direct  legislation  by  the  people,  §  108. 

qualified  voters  of  the  City  may  employ  the  initiative. 

to  enact  appropriate  legislation. 

to  enforce  the  general  powers  of  the  City. 

to  enforce  any  of  the  specified  powers  of  the  Council. 

to  utilize  same  subject  to  general  laws  of  State. 
General  powers  of  the,  §  96. 

shall  have  right  and  power  conferred  by  Charter. 
Joint  ownership  of  water  supply,  §  106. 

to  join  with  one  or  more  incorporated  cities  in. 

to  construct  the  works  necessary  for  joint  purposes. 

to  unite  with  other  cities  in  bond  issues  therefor. 
Land  for  public  purposes,  §  101. 

acquire  by  purchase,  condemnation  or  otherwise. 

provide  for  and  effectuate  any  other  public  purpose. 

sell,  convey,  encumber  and  dispose  of. 
Lease  of  public  utilities,  §  102. 

lease  for  maintenance  and  operation  any  public  utility. 
Powers  of  the  Council  enumerated,  §  109.     (See  Council.) 

Council,  the  legislative  organ  of  the  City. 

subject  to  provisions  and  restrictions  of  Charter. 
Preservation  of  health.  §  131. 

to  make  regulations  necessary  and  expedient   for. 


108  Charter  of  the  City  of  Berkeley 

City  of  Bekkeley   (Continued). 

to  prevent  introduction  of  contagious  or  other  diseases. 

to  prevent  entry,  etc.,  of  persons  infected  with  disease. 
Public  buildings,  works  and  institutions,  §  97. 

acquire  property  by  purchase,  condemnation  or  otherwise. 

establish,  maintain,  equip,  etc.,  works  and  institutions. 
Sales  of  products  of  public  utilities,  §  100. 

sell  all  the  products  of  any  public  utility  operated  by. 
Special  tax,  §  105. 

levy  special  tax  to  raise  money. 

observe  the  provisions  of  the  initiative. 

observe  provisions  of  the  referendum. 

submit  special  tax  levy  for  approval  of  qualified  electors. 

anticipate  succeeding  tax  levy. 

provide  for  repayment  of  loans  with  interest  at  5%. 

levy  special  tax  for  permanent  improvements. 

be  expended  after  same  is  collected  and  available. 
Sue  and  defend,  §  107. 

to  sue  and  defend  in  all  courts  and  places,  etc. 
Telephone,  telegraph  and  transportation,  §  99. 

acquire  by  purchase,  condemnation  or  otherwise. 

establish,  maintain,  etc.,  railways,  ferries,  etc. 
Water,  light,  heat  and  power,  §  98. 

acquire  by  purchase,  condemnation  or  otherwise. 

establish,  maintain,  equip,  own  and  operate. 

furnish  supply  within  and  without  the  city  of. 
Dairies,  to  provide  for  inspection,  etc.,  of,  §  134. 
Weight  and  measures,  to  provide  for  inspection,  etc.,  of,  §  140. 
Taxation,  to  levy  and  collect  taxes  within,  §  143. 
Lease  of  lands  owned  by  city,  §  147. 
Licensing  businesses  within,  §  138. 

The  fiscal  year  begins  July  1st,  or  as  fixed  by  ordinance,  §  172. 
Annual  estimate  of  City's  requirements  and  revenue,  §  175. 
Annual  budget,    176. 
Annual  tax  levy,  §  178. 
Bond  tax.     Library  tax.     §  180. 
Cash  basis  fund,  §  181. 

Property  rights  of  the  City  inalienable,  §  196. 
No  use  of  streets  without  a  franchise,  §  197. 
Franchises  to  use  streets,  §  198. 
Applications  for  franchises,  §  199. 
Conditions  of  grant  of  franchises,  §  200. 
Life  of  franchises,  §  205. 
Service  and  accommodation,  §  257. 
Kates  and  charges  subject  to  franchise,  §  208. 
Right  of  city  to  assume  ownership,  §  209. 
No  conveyance  necessary  for  city's  ownership,  §  210. 
Lease  or  assignment  of  franchise,  §  211. 
Street  sprinkling,  cleaning  and  paving,  §  212. 


Charter  op  the  City  of  Berkeley  109 

Civic  Art  Commission  to  be  e8tabli8he<l,  §  166. 
Civil  Service  Commission,  §  165. 

Council  to  establish  a  bureau  of. 

to  appoint  Commissioners  to  serve  without  compensation. 

rules  and  regulations  governing  to  be  made  by  Council. 

to  classify  employments  not  excepted  by  Charter  or  Council. 

to  provide  open,  competitive  and  free  examinations. 

to  provide  an  eligible  list  from  which  to  fill  vacancies. 

to  provide  for  probation  before  permanent  employment. 

to  create  a  basis  of  merit  experience  and  record. 
CliAEEMONT  AVENUE,  §3.     (See  Boundaries.) 
Cleaning  plants  to  be  established  for  streets,  etc.,  §  97. 

sprinkling,  cleaning  and  paving  of  streets,  §  212. 
Colby  teact,  §  3.     (See  Boundaries.) 
College  avenue,  §  3.     (See  Boundaries.) 
CORDINICES  CREEK,  §  3.     (See  Boundaries.) 
County  road  No.  4398,  §  3.     (See  Boundaries.) 
Condition  or  candidacy,  for  public  office,  §  6. 
Conditions  of  grant  of  feanchise,  §  211. 
COUNCILMEN,  eligibility  of,  §  47. 

must  be  a  citizen  of  the  United  States. 

must  be  a  qualified  elector  of  State  and  City. 
Salaries  of,  $1800  per  annum,  payable  in  monthly  installments. 
Term  of  office  of,  §  51. 

to  hold  office  for  a  term  of  four  years. 

to  begin  term  July  Ist  after  election. 

to  hold  until  successors  are  elected  and  qualified. 

to  classify  by  lot,  two  for  two  years,  two  for  four  years. 

two  elected  at  each  general  municipal  election. 
Contracts. 

Contracts  for  official  advertising,  §  190. 

to  be  ordered  by  Council  for  ensuing  fiscal  year. 

to  advertise  for  bids  five  consecutive  days. 

to  specifically  set  forth  work  to  be  done. 

to  require  sealed  proposals  therefor. 

to  specify  type  and  spacing  to  be  used,  rates,  etc. 

to  be  let  to  lowest  responsible  bidder. 

to  be  awarded  to  newspaper  of  general  circulation. 

to  a  newspaper  existing  one  year  previous  to  contract. 

to  provide  advertising  for  new  bids,  when. 

to  be  designated  as  "official  newspaper." 
Form  of  contracts  prescribed,  §  187. 

to  be  drawn  under  supervision  of  City  Attorney. 

to  be  in  writing  and  in  the  name  of  the  City  of  Berkeley. 

to  be  executed  by  officer  authorized  to  sign  same. 

to  be  countersigned  by  the  Auditor. 

to  be  numbered  and  registered  in  a  book  for  that  purpose. 
Progressive  payments  on,  §  188. 


110  Charter  op  the  City  of  Berkeley 

CONTEACTS    (Continued). 

any  contract  may  provide  for  progressive  payments. 

if  ordinance  provides  for  such  a  contract. 

progressive  payments  precluded,  when. 
Public  work  to  be  done  by  contract,  §  189. 

to  be  let  to  the  lowest  responsible  bidder. 

to  be  advertised  five  days  in  ofiicial  newspaper. 

to  state  specifically  work  contemplated  to  be  done. 

to  provide  for  work  to  be  done  by  Department  of  Public  Works, 
Contracts  for  lighting,  §  191. 

to  be  limited  to  a  period  of  one  year. 

to  limit  rate  to  minimum  price  charged  other  consumers. 

to  invalidate  contract  at  any  higher  rate. 
Contracts  for  water,  §  192. 

to  limit  contracts  to  minimum  rate  charged  other  consumers. 

to  invalidate  contract  exceeding  the  minimum  rate. 
Collusion  with  biddkr,  §  194. 

prescribed,  defined  and  punished. 
Collusion  by  bidder,  §  195. 

defined  and  prescribed. 

contract  so  awarded  to  be  null  and  void. 

Council  to  advertise  for  new  contract. 

or  provide  that  same  be  done  by  Department  of  Public  Works. 
Conduct  of  legal  proceedings,  §  249. 

City  Attorney  to  prosecute  all  criminal  cases. 

all  violations  of  Charter  and  City  ordinances. 

all  proceedings  in  which  City  is  legally  interested. 

subject  to  control  of  Council  in  all  litigations. 

Council  may  employ  independent  attorneys. 

to  take  exclusive  charge  of  litigation. 

or  to  assist  the  City  Attorney. 
Collector,  defined  as  a  chief  official,  §  67. 
Commissions  to  report  annually  to  Mayor,  §  70. 

annual  budget  relative  to  requirements  of,  §  176. 
Commission  of  Public  Charities,  §  169. 

Council  to  establish  and  appoint  Commissioners. 

incumbents  to  serve  without  compensation. 

powers  and  duties  to  be  fixed  by  Council. 
Department  estimate  of  annual  requirements,  §  174. 

to  present  estimate  to  Commissioner  of  Finance  and  Revenue. 

to  specify  by  written  detail,  objects  thereof. 

to  estimate  for  new  ensuing  fiscal  year. 
Park  Commission,  §  167. 

Council  to  establish  and  appoint  Commissioners. 

incumbents  to  serve  without  compensation. 

powers  and  duties  to  be  fixed  by  Council. 
Commissioners. 

Commissioner  of  Finance  and  Revenue,  §  72. 


Charter  op  the  City  op  Berkeley  111 

Commissioners   ( Continued ) . 

ex  officio  member  of  Board  of  Education. 
.  Department  estimate  of  annual  requirements,  §  174. 

Commissioner  of  Finance  and  Revenue  to  receive  annual  esti- 
mate. 

specifying  amounts  required  during  next  fiscal  year. 
The  four  Commissioners,  §  66. 

Council  to  designate  same  at  first  regular  meeting. 

to  be  designated  by  majority  vote. 

Commissioner  of  Finance  and  Revenue. 

Commissioner  of  Public  Health  and  Safety. 

Commissioner  of  Public  Works. 

Commissioner  of  Public   Supplies. 

when  Council  unable  to  agree.  Mayor  designates. 

Council  may  change  designation  by  ordinance  or  resolution. 

whenever  public  service  will  be  benefited  thereby. 
Protection  of  absent  Commissioner,  §  94. 

procedure   necessary  when   Commissioner  absent. 

Combustible  material,  Council  to  regulate  accumulations  of,  §  122. 

Compensation  of  officers  and  employees,  §  69. 

to  be  by  salary  fixed  by  the  Council. 

to  be  fixed  for  all  other  officers  and  employes. 

to  be  governed  by  provisions  of  Charter. 

to  preclude  fees,  etc.,  aside  from  salary  or  compensation. 

to  require  all  fees  other  than  salary  paid  into  treasury. 
Contrivances  for  hazaeding  money  prohibited,  §  141. 

includes  card  and  slot  machines,  etc. 
Cost  of  street  work,  special  assessments  for,  §  152. 
Constitution,  Board  of  Fifteen  Freeholders  elected  under,  §  256. 
Correction,  Houses  of,  to  be  established  by  City,  §  97. 
Crosswalk,  Council  to  order  same  constructed,  §  152. 

Cross,  space  for  voting,  §  24. 

half  inch  squares  to  be  provided  on  ballot  for. 

Crematories,  to  be  provided  by  City,  §  97. 
Culverts,  to  be  provided  by  City,  §  97. 
Curbing,  Council  to  order  construction  of,  §  152. 

Council. 

Additional  powers,  §  171. 

to  enact  appropriate  legislation  thereunder. 

to  do  and  perform  acts  and  things  under  general  powers  and 
Charter. 
Annual  budget,  §  176. 

to  fix  tax  levy  and  make  a  budget  at  annual  meeting. 

to  estimate  expenses  of  City  for  ensuing  year. 

to  show  detail  items  and  aggregate  sura. 

to  cover  each  office,  board,  etc.,  that  Council  deems  advisable. 


112  Charter  op  the  City  of  Berkeley 

Council   (Continued). 

Annual  estimate  of  City's  requirements  and  revenue,  §  175. 

estimate  to  be  furnished  to  Council  annually. 

on  or  before  first  Monday  in  May. 

or  otherwise,  as  Council  shall  direct. 

estimate  of  probable  future  .expenditures. 

to  be  furnished  by  Commissioner  of  Finance  and  Revenue. 

includes  interest  and  sinking  funds. 

detail  estimate  of  wants  of  all  departments. 

must  show  specifically  amounts  necessary. 

also  income  from  fines,  licenses  and  other  sources  of  revenue. 

must  specify  probable  amount  to  be  raised  by  taxation. 
Annual  estimate  of  expenses,  §  244. 

to  receive  annual  report  of  Board  of  Education. 

same  to  be  in  writing  and  specify  amounts  receivable. 

from  State  and  county  for  support  of  public  schools. 

also    detailed    estimate    of    amounts    required    for    school    sup- 
port, etc. 
Annual  tax  levy,  §  178. 

to  adopt  ordinance  levying  tax  not  later  than  first  Tuesday  In 
September. 

to  fix  a  rate  of  taxation  on  each  $100  of  value. 

to  regulate  rate  by  amount  required  to  be  raised. 

to  fix  same  subject  to  provisions  of  Charter. 

to  deliver  assessment  roll  to  the  Auditor. 

duties  of  Auditor  with  reference  thereto  specified. 
Application  for  franchise,  §  189. 

to  require  applicants  for  franchises  to  file  their  applications. 

to  advertise  fact  of  application  in  oflScial  newspaper. 

to  advertise  same  for  at  least  ten  successive  days. 

to  require  that  publication  be  completed  not  less  than  twenty 
days  and  not  more  than  thirty  days  before  further  action 
can  be  taken. 
Ayes  and  noes,  §  82. 

ayes  and  noes  taken  on  passage  of  all  ordinances  and  resolu- 
tions. 

to  be  entered  in  journal  of  proceedings. 
Beginning  and  completion  of  work  under  franchise,  §  206. 

time,  conditions  and  forfeiture  specified. 

may  extend  time  for  completion  of  work. 

time  limit  of  extension,  three  months. 
Bidding  for  the  franchise,  §  201. 

to  strike  oflF,  sell  and  award  franchise,  when. 

to  withdraw  if  no  adequate  offer  made. 

to  advertise  for  new  bids,  when. 
Billboards  and  signs,  subject  to  regulation,  §  127. 
Board  of  Equalization,  §  177. 

to  sit  as  a  board  of  equalization. 

to  meet  at  ten  o'clock  a.  m,  on  first  Monday  in  August, 


Charter  op  the  City  op  Berkeley  113 

Council,  Board  of  Equalization   (Continued). 

to  hold  meetings  at  the  usual  place  for  same. 

to  continue  sessions  daily  until  last  Monday  in  August. 

to  hear  complaints  of  property  owners  as  to  assessments. 

to  correct,  modify,  raise,  etc.,  any  assessment. 

to  give  notice  to  the  party  whose  assessment  is  to  be  raised. 
Bond.    Municipal  law  affecting  same,  etc.,  §  204. 

to  approve  bond  of  successful  bidder  for  franchise. 

terms  and  conditions  of  bond  prescribed  by  Charter. 

to  be  filed  with  Council  within  five  days  after  award. 

to  grant  franchise  by  ordinance  to  highest  bidder. 

to  set  aside  award  if  bond  not  filed. 

money  deposited  in  connection  with  award,  forfeited,  when. 

to  readvertiso  and  again  offer  for  sale. 

to  be  governed  by  same  restrictions  provided  in  Charter. 
Bond  tax.     Library  tax.     §  180. 

to  have  power  to  levy  and  collect  taxes  under. 

in  addition  to  taxes  authorized. 

to  pay  interest  and  maintain  sinking  fund. 

to  provide  for  free  libraries  and  reading  rooms. 
Boulevards,  §  155. 

to  set  apart  certain  streets  therefor. 

to  regulate  and  prevent  heavy  teaming  upon. 

to  refuse  railroad  or  other  franchises  upon. 

to  prohibit  railroad  tracks  upon. 

to  require  popular  vote  to  set  aside  foregoing  provisions. 

to  submit  the  same  as  provided  in  Arts.  13  and  14  of  Charter. 
Building  regulations,  §  120. 

to  regulate  construction  of  and  materials  to  be  used. 

includes  chimneys,  stacks  and  other  structures. 

to  prevent  erection  and  maintenance  of  insecure. 

to  provide  abatement  and  destruction  of. 

also,  foundations,  foundation  walls,  drains  and  sewers,  etc. 

to  provide  for  the  piping  of  buildings,  etc. 

wiring  structures  for  electric  light,  power  and  heat. 

prescribing  materials  used  in  gas  and  water  supply. 

to  prohibit  buildings  and  structures,  when. 
Cash  basis  fund,  §  181. 

to  create  and  maintain  a  permanent  revolving  fund. 

to  be  known  and  designated  as  cash  basis  fund. 

to  put  running  expenses  of  city  on  cash  basis  under. 

sum  to  equal  2i/^  cents  on  each  $100  of  assessed  value. 

to  be  placed  in  cash  basis  fund  for  accumulation. 

until  it  meets  legal  demands  against  treasury. 

for  first  four  months  of  succeeding  fiscal  year. 

or  other  necessary  period. 

to  transfer  from  cash  basis  fund  to  any  other  fund,  when. 

to  require  return  of  transferred  money  before  the  end  of  the 
fiscal  year. 


114  Charter  op  the  City  of  Berkeley 

Council  (Continued). 

Chief  officials,  The,  §  67. 

to  appoint  and  remove  chief  oflBcials. 

may  consolidate  offices. 

to  prescribe  duties  of  chief  officials. 

to  determine  duties  of. 
Civic  Art  Commission,  §  166. 

to  establish  a  Civic  Art  Commission. 

to  appoint  Commissioners  to  serve  without  compensation. 

to  prescribe  powers  and  duties  of  the  Commission. 
Civil  Service  Commission,  §  165. 

to  establish  a  Bureau  of  Civil  Service. 

to  appoint  a  Commission  to  serve  without  compensation. 

to  promulgate   rules  and  regulations  for  the  adminstration   of 
same. 
Closed  or  abandoned  streets,  §  156. 

to  convey  same  by  deed  to  owners  of  adjacent  lands. 

to  be  governed  by  equity  as  to  manner  of  so  doing. 
Collusion  by  bidder,  §  195. 

to  advertise  for  new  contract  upon  discovery  of. 

to  order  work  done  by  Department  of  Public  Works,  when. 
Commission  of  Public  Charities,  §  169. 

to  establish  and  appoint  Commissioners  thereon. 

Commissioners  to  serve  without  compensation. 

to  fix  the  powers  and  duties  thereof. 
Compensation  of  officers  and  employes,  §  69. 

to  fix  amount  of  salaries  to  be  paid. 

to  fix  compensation  of  all  other  officials. 

to  be  subject  to  Charter  limitations. 

compensation  not  fixed  by  Council,  payable  into  treasury. 

also  all  fees  and  emoluments. 
Conduct  of  legal  proceedings,  §  249. 

to  have  control  of  all  litigation  of  the  City. 

to  employ  independent  counsel  in  any  litigation. 

to  employ  counsel  to  assist  City  Attorney. 
Contracts  for  official  advertising,  §  190. 

to  annually  let  contract  for  official  advertising. 

to  include  the  ensuing  fiscal  year. 

to  advertise  for  bids  five  consecutive  days. 

to  set  forth  specifically  the  work  to  be  done. 

to  require  sealed  proposals  to  be  furnished  therefor. 

to  require  that  type  and  spacing  be  specified. 

to  accept  lowest  responsible  bidder  publishing  daily  City  news- 
paper. 

to  accept  bids  from  newspaper  of  general  circulation. 

and  one  which  has  existed  one  year  previous  to  contract. 

to  reject  excessive  and  advertise  for  new  bids. 

to  award  to  lowest  bidder  designated  the  "Official  Newspaper." 
Council,  the  governing  body,  §  75. 

to  be  the  governing  body  of  the  municipality. 


Charter  op  the  City  of  BEHKEiiEY  115 

Council  (Continued). 

to  exercise  the  corporate  powers  of  the  City. 

subject  to  the  express  limitations  of  the  Charter. 
Council  to  assign  duties  to  the  departments,  §  65. 

subject  to  provisions  of  Art.  7,  Sec.  27,  of  Charter. 

to  prescribe  duties  of  the  several  departments. 

to  assign  officers  and  employees  to  departments. 

to  require  consolidation  of  oflSces,  when. 

to  make  necessary  and  proper  rules  for  conduct  of  business. 
Counciluien  to  hold  no  other  oflBce,  §  72. 

only  exception  Commissioner  of  Finance  and  Revenue. 

who  is  ex-officio  member  of  the  Board  of  Education. 

no  increase  of  compensation  until  one  year  after  term. 
Cruelty  to  animals,  §  130. 

to  prohibit  and  punish  cruelty  to  animals. 

to  require  places  where  kept  to  be  clean  and  healthful. 
Dairies,  §  134. 

to  provide  for  the  regulation  and  inspection  of. 

includes  all  dairies  which  sell  products  in  the  City. 
Dangerous  and  offensive  occupations.     Disagreeable  noises,  §  132. 

to  regulate  or  prohibit  factories,  occupations,  etc.,  when. 

to  conserve  the  public  health  and  good  order  of  the  City. 

conditions  affecting  public  peace,  or  when  offensive  or  dangerous. 

to  provide  penalties  for  violation  and  regulation. 

to   prescribe  punishment  of  persons  committing  same. 

to  regulate  and  suppress  disagreeable  noises,  etc. 
Decisions  of  Supreme  Court  under  State  Constitution. 
Department  estimate  of  annual  requirements,  §  174. 

written  estimates  to  be  made  on  or  before  April  1st  of  each  year. 

estimates  furnished  to  Commissioner  of  Finance  and  Revenue. 

to  specify  in  detail  amounts  thereof. 

also  amounts  required  in  offices,  commissions,  etc. 
Direct  legislation,  §  219. 

to  receive  any  proposed  ordinance  signed  by  registered  electors. 
Direct  legislation  by  the  people,  §  108. 

Initiative  conferred  to  enforce  specified  powers  of  Council. 
Disposition  of  money  collected,  §  185. 

to  direct  settlement  with  Auditor,  when. 

to  pro\nde  for  deposit  in  bank  of  City  funds. 
D9gs,  §  128. 

to  regelate  and  prevent  running  at  large. 

to  prevent  dog  fights  in  the  streets. 

to  provide  for  the  destruction  of  vicious  dogs  and  unlicensed. 

to  require  license  foes  from  owners  and  custodians. 

to  impose  penalties  for  refusal  to  pay  license  fees. 
Elected  at  large,  §  46. 

to  be  elected  on  a  general  ticket  from  the  City  at  large. 
Elections,  §  164. 

to  make  all  rules  and  regulations  governing  same. 


116  Charter  of  the  City  op  Berkeley 

Council,  Elections  (Continued). 

to  be  consistent  with  requirements  of  Charter. 
Elective  officers,  §  45. 

Charter  provides  Mayor  and  four  Councilmen  to  be  the  Council. 
Eligibility  of  members  of,  §  47. 

must  be  citizens  of  the  United  States. 

qualified  electors  of  State  and  City. 
Enacting  clause  of  ordinances,  §  85. 

enacting  clause  of  all  ordinances  defined. 
Engines  and  boilers,  §  118. 

to  regulate  and  prohibit  the  use  of. 

includes  electric  motors. 

to   confine   same  to  safe  localities  and  conditions. 
Erroneously  collected  taxes,  §  144. 

to  order  repayment  of  taxes,  etc.,  improperly  collected. 
Executive  and  administrative  departments  designated,   §  64. 

to  be  four  municipal  departments. 

(1)  Department  of  Finance  and  Eevenue. 

(2)  Department  of  Public  Health  and  Safety. 

(3)  Department  of  Public  Works. 

(4)  Department  of  Public  Supplies. 
Explosives,  §  116. 

to  regulate  or  prohibit  manufacture. 

also  keeping  storage  and  use  of. 

includes  powder,  dynamite,  fireworks,  etc. 
Fees,  §  145. 

to  fix  fees  for  official  services  not  provided  in  Charter. 
Fifteen  per  cent  petition  for  the  Initiative,  §  221. 
Finance  and  taxation.     The  fiscal  year,  §  172 

fiscal  year  begins  July  1st  of  each  year. 

unless  otherwise  designated  by  ordinance. 
Fire  escapes,   §  121. 

to  require  lessees  and  owners  to  erect. 

also  appliances  for  protection  against  fires. 

also  for  extinguishment  of  fires. 
Four  Commissioners,  The,  §  66. 

to  designate  by  majority  vote  the  several  Commissioners. 

if  unable  to  agree.  Mayor  shall  so  designate. 

notice  of  change  of  designation  by  ordinance  or  resolution. 

same  to  be  published  two  days  when  public  service  demands. 
Fire  limits,  §  119.  • 

to  prescribe  and  define  same. 

to  determine  character  and  height  of  buildings  erected  therein. 

nature  of  materials  to  be  used  in  construction, 

or  repair  and  alteration  of  existing  buildings. 
Five  per  cent  petition  for  the  Initiative,  §  222. 
Forfeiture  for  non-compliance  with  franchise,  §  216. 

to  have  power  to  declare  termination  and  forfeiture. 

to  have  power  as  if  expressly  reserved  in  ordinance. 


Charter  of  the  City  of  Berkeley  117 

Council  (Continued). 

Further  regulations  under  the  Initiative,  S  228. 

may  make  further  regulations  with  reference  to  the  Initiative. 

may  adapt  the  provisions  of  Art.  3,  Sec.  5,  of  Charter. 
Further  regulations  under  the  Referendum,  §  231. 

to  make  further  regulations  to  carry  out  provisions  of. 

to  adapt  provisions  of  Sec.  5  of  Art.  3  of  Charter. 
Garbage,  §  137. 

to  provide  for  collection  and  disposal  of. 

includes  ashes,  offal,  rubbish  and  waste  matter. 

also  dead  animals,  animal  oflfal  and  refuse. 
General  powers  of  the  City  conferred,  §  96. 
Improper  use  of  streets,  §  125. 

to  regulate  and  prohibit  the  carrying  of  banners,  etc. 

the  distribution  of  hand-bills  in  streets,  etc. 

flying  of  banners  across  streets  or  from  houses. 

traffic  and  sales  on  the  streets  and  in  public  places. 

to  prevent  and  remove  obstructions,  etc.,  in  streets. 
Inflammable  materials,  §  117. 

to  regulate  the  storage  of. 

includes  hay,  straw,  oil,  etc. 
Inspection  of  food  products,  §  133. 

to  provide  inspection   by  health  officer. 

various  kinds  of  food  specified. 

to  provide  the  taking  and  destroying  of  unsound  foods,  etc. 

to  reg\ilate  and  prevent  bringing  same  into  City. 
Lease  of  lands  owned  by  the  City,  §  147. 

to  provide  for  lease  of  any  lands  owned  by  City. 

leases  to  be  made  at  public  auction  to  bidder  offering  highest 
rent. 

to  provide  one  week's  previous  notice  by  publication. 

to  specify  time  and  conditions  of  lease. 

to  reject  any  and  all  bids  in  its  discretion. 
Licensing  businesses,  §  138. 

to  license  for  purpose  of  regulation  and  revenue. 

includes  every  business  not  prohibited  by  law. 

to  fix  the  rate  of  licenses  upon. 

to  provide  for  collection  by  suit  or  otherwise. 
Light  and  water,  §  154. 

to  provide  for  the  lighting  of  streets,  etc. 

to  provide  water  supply  for  municipal  purposes. 
Limit  of  tax  levy,  §  179. 

to  limit  tax  levy  to  $1.00  on  each  $100  of  assessed  value. 

to  apportion  not  less  than  thirty-five  cents  to  the  school  fund. 

unless  estimate  of  Board  of  Education  calls  for  a  less  amount. 

to  place  remainder  of  levy  in  general  fund. 
Lodging,  tenement  and  apartment  houses,  §  135. 

to  regulate  and  prevent  the  overcrowding  of. 

to  require  proper  sanitary  conditions  in. 


118  Charter  op  the  City  of  Berkeley 

Council  (Continued). 

Majority  vote  of  Council,  §  83. 

all  ordinances  and  resolutions  must  have  three  afiBrmative  votes. 
Mayor  pro  tempore  elected  by,  §  59. 

Vice-President  of  Council  to  act  as  Mayor,  when. 
Mayor's  urgency  fund,  §  146. 

to  provide  for  an  urgent  necessity  fund. 

not  to  exceed  $500  per  annum. 

to  be  expended  under  direction  of  the  Mayor. 
Meetings  of  Council,  §  77. 

to  provide  time  and  place  of  holding  meetings. 

to  prescribe  manner  in  which  special  meetings  may  be  called. 
Meetings  to  be  public,  §  78. 

legislative  sessions,  regular  or  special,  open  to  the  public. 
Mode  of  protesting  against  ordinances,  §  229. 

no  ordinance  effective  under  thirty  days  from  final  passage. 

exception  as  required  by  State  law  or  Charter  provisions,  etc. 

except  the  ordinance  levying  annual  tax. 

or  immediate  preservation  of  public  peace,  etc. 

to  contain  urgency  clause  and  requires  four-fifths  vote  of. 

grant  of  franchise  not  an  urgency  measure. 

all  franchises  subject  to  referendum  vote. 

conditions  effecting  petition  for  the  referendum,  etc. 

provisions  of  Art.  3,  Sec.  3,  as  to  form,  etc.,  of  petition,  apply. 

verification,  certification  and  filing  of  petition  for,  etc. 
Municipal  ownership,  §  170. 

to  provide  suitable  procedure  for  acquiring  public  utilities. 
Nuisances,  §  112. 

to  provide  for  the  summary  abatement  of. 

at  the  expense  of  person  creating  same. 
Officers  not  to  be  interested  in  contracts  or  franchises,  §  73. 

officers  not  to  be  employed  by  public  service  corporations. 

or  of  persons  having  contracts  with  the  City. 

or  of  grantees  of  City  franchises. 

contracts  contravening  this  section  null  and  void. 

violations  of  the  provisions  of,  a  misdemeanor. 

to  be  enforced  by  appropriate  legislation. 
Official  bonds,  §  54. 

to  execute  surety  company  bond  in  penal  sum  of  $5,000  each. 

terms  and  conditions  of  bond  prescribed. 

Council  to  approve  bond  of  Mayor. 

to  fix  amount  of  bonds  and  methods  of  approval. 

applies  to  all  appointive  officers. 
Official  seal,  §  110. 

to  provide  corporate  seal  with  appropriate  device. 

to  be  affixed  to  all  instruments,  etc.,  needing  authentication. 
Ordinances  and  resolutions,  §  81. 

to  act  only  by  ordinance  or  resolution. 
Ordinances  required  in  certain  cases,  §  87. 


Charter  of  the  City  of  Berkeley  119 

Council,  Ordinances  required  in  certain  cases  (Continued). 

ordinance  necessary  for  specific  improvements. 

in  appropriations  for  public  moneys  over  $500. 

for  acquirements,  lease,  sale,  etc.,  of  public  property. 

for  the  levying  of  any  tax  or  assessment. 

for  the  granting  of  any  franchise. 

for  establishing  or  changing  fire  limits. 

for  the  imposing  of  any  penalty. 

exception  when  Council  takes  action  under  general  law  of  State. 
Ordinances  granting  franchises,  §  92. 

final  passage  limited  to  thirty  days  after  introduction. 

not  renewable  before  one  year  prior  to  expiration. 
Park  Commission,  §  167. 

to  establish  and  appoint  a  Park  Commission. 

Commissioners  to  serve  without  compensation. 

to  fix  the  powers  and  duties  thereof. 
Place  of  meetings  of  Board  of  Education,  §  234. 

to  provide  a  place  of  meeting  for  the  Board  of  Education. 
Playground  Commission,  §  168. 

to  establish  and  appoint  a  Playground  Commission. 

Commissioners  to  serve  without  compensation. 

to  fix  the  powers  and  duties  thereof. 
Police  and  fire  alarm  systems,  §  115. 

to  establish  and  maintain ;  also  telephone  system. 

to  manage  and  control  and  appoint  superintendent  thereof. 
Police  and  Fire  Departments,  §  114. 

to  organize  and  maintain  departments. 

to  erect  the  necessary  buildings  for. 

to  own  implements  and  apparatus  required  in. 
Powers  of  the  Council  enumerated,  §  109. 

subject  to  Charter,  Council  legislative  organ  of  City. 
Political  and  religious  tests,  §  74. 

appointments  not  made  nor  withheld  for  religious  or  political 
opinions,  nor  for  affiliations  or  political  services. 

not  to  be  affected  in  any  manner  by  the  same. 
Precautions  against  fires,  §  122. 

to  prevent    construction    and    cause    removal    of    buildings    de- 
scribed  as   dangerous. 

to  regulate  factories  liable  to  cause  fire. 

to  prevent  the  depositing  of  ashes. 
•  to  prevent  the  accumulation  of  shavings,  rubbish,  etc. 

to  make  provision  to  guard  against  fires. 
Preservation  of  health,  §  131. 

to  make  proper  and  necessary  regulations  for. 

to  provide  for  the  suppression  of  disease. 

to  prevent  the  introduction  of  contagious  diseases. 

to  make  quarantine  laws  and  regulations. 

to  regulate  entry  into  City  of  diseased  persons. 

to  preclude  persons  and  property  infected  with  contagious  dis- 


120  Charter  op  the  City  of  Berkeley 

Council  (Continued). 

President  and  Vice-President,  §  76. 

Mayor  to  be  president  of  the  Council. 

to  preside  at  its  meetings  when  present. 

one   member   of   Council  to   be  vice-president. 
Protection   of   absent   Commissioner,    §  94. 

procedure  necessary  when  Councilman  absent. 
Provision  for  safety  in  streets,  §  124. 

to  regulate  speed  of  trains,  engines,  cars,  etc. 

to  require  flagmen  at  street  crossings,  etc. 

to  require  fenders  on  street  cars  and  local  trains. 

to  prohibit  the  making  up  of  trains  in  streets,  etc. 

to  regulate  the  speed  of  bicycles,  automobiles,  etc. 
Provisions  for  safety  in  theatres,  halls,  etc.,  §  123. 

to  regulate  size  and  construction  of  entrances  and  exits. 

includes  all  places  for  public  gatherings  of  every  kind. 

to  prohibit  obstructions  in  hallways,  aisles,  etc. 
Public  order  and  decency,  §  142. 

to  restrain  and  punish  vagrants  and  mendicants. 

also  lewd  persons  and  prostitutes. 

to  prevent  and  punish  drunkenness  and  prize-fights. 

all  offensive,  immoral,  indecent,   etc.,  practices  in  the  City. 
Public  pound,  §  129. 

to  prevent  and  regulate  animals  running  at  large. 

to  establish  and  maintain  a  pound. 

to  authorize  destruction  of  animals  running  at  large. 
Public  shows.     Gambling,  §  141. 

to  license,  prohibit,  etc.,  all  shows,  games,  etc. 

to  prevent  and  prohibit  all  kinds  of  gambling. 

to  prohibit  fraudulent  devices  and  practices. 

to  prevent  gambling  with  cards,  dice  or  games  of  chance. 

to  prohibit  keeping  or  operating  of  card  and  slot  machines,  etc. 

also  contrivances  for  risking  money  upon  chance. 

to  prohibit  selling  of  pools  on  races. 

to  authorize  destruction  of  instruments  used  for  gambling. 
Public  work  to  be  done  by  contract,  §  189. 

to  reject  any  and  all  contract  bids  deemed  excessive. 

to  readvertise  for  bids,  when. 

to  order  work  done  by  Department  of  Public  Works,  when. 
Publication  of  Charter  and  ordinances,  §  95. 

to  be  published  in  book  form  with  or  without  ordinances.     . 

with  or  without  provisions  of  Constitution  and  State  law. 

as  Council  shall  deem  expedient  for  the  purpose. 

ordinances  to  be  classified  under  appropriate  heads. 

(luring  first  year  of  organization  and  thereafter. 
Publication    of    popular   ordinance,    §  223. 

to  print  popular  ordinance  for  purpose  of  mailing. 

to  order  same  printed  in  official  newspaper. 

to  provide  publication  in  lieu  of  printing  and  mailing,  etc. 


Charter  ob'  the  City  of  Berkeley  121 

Council  (Continued). 

Purchase  of  property  under  execution,  §  148. 

to  provide  for  purchase  of  property  levied  upon. 
Quorum,   §  79. 

majority  of  members  to  constitute  a  quorum. 
Railroads  to  keep  streets  in  repair,  §  160. 

to  require  every  railroad  company  to  keep  streets  in  repair  be- 
tween tracks  and  two  feet  on  each  side  of  same. 
Reconsideration,   §  88. 

no  motion  for,  under  one  week  from  date  of  bill. 
Record  of  City  ordinances,  §  93. 

true  and  correct  copy  of  preserved  and  certified  by  City  Clerk. 

record  copy  prima  facie  evidence  of  contents  of  ordinances,  and 
of  passage  and  publication  of  same. 

admissible  as  such  in  any  court  or  proceeding. 

after  use  in  court  to  be  returned  to  City  Clerk. 

does  not  prevent  proof  of  in   the  usual  way. 
Reference  of  measures  to  popular  vote,  §  230. 

to  sumbit  to  electors  for  adoption  or  rejection  any  ordinance  or 
measure. 

in  manner  and  effect  as  those  submitted  on  petition. 

other  questions  may  be  submitted  at  special  election. 

when  measures  conflict,  highest  vote  controls. 
Referendum,  §  229. 
Regulation  of  poles  and  wires,  §  162. 

to  require  the  placing  underground  of  all  telephone  wires. 

also  telegraph,  electric  light  and  other  wires  within  City. 

to  regulate  or  prohibit  poles  or  suspended  wires  along  or  across 
any  streets,  highways  or  public  places. 
Regulation  of  public  utility  rates,  §  158. 

to  fix  same  by  ordinance  in  February  of  each  year. 

to  provide  same  to  take  effect  on  first  day  of  July  thereafter. 

rates  or  compensation  to  be  collected  by  any  person,  firm,  etc., 
for  the  use  of  water,  light,  heat,  power  or  telephone  service 
supplied  to  the  City  or  inhabitants  thereof. 

to  prescribe  the  quality  of  service  given. 
Regulation  of  street  railroads,  §  159. 

to  regulate  street  railroads,  tracks  and  cars. 

to  compel  owners  of  to  use  same  tracks. 

to  compel  equitable  division  of  cost  and  maintenance. 
Regulation  of  public  vehicles,  §  139. 

to  establish  stands   for   hacks,   carriages,   etc. 

to  regulate  the  charges  to  be  made  for  same, 

to  require  schedules  of  charges  to  be  posted. 
Repeal,  §91. 

forbidden  except  by  ordinance  as  prescribed  in  sec.  44,  Charter. 
Repeal  of  popular  ordinance,  §  227. 

to  submit  proposition  to  voters  for  repeal  or  amendment. 

at  any  succeeding  general   nuinicipal  election. 


122  Charter  op  the  City  of  Berkeley 

Council  (Continued). 

majority  vote  repeals  or  amends  ordinance,  etc. 
Eeports  of  departments,  §  70. 

to  fix  date  of  reports  from  departments  and  commissions. 

same  to  be  annually  rendered  and  complete. 
Eeports  to  be  published,  §  71. 

to  provide  for  the  publication  of  annual  reports. 

to  include  Mayor,  departments  and  commissions. 
Requirements  of  an  ordinance,  §  86. 

before  final  action  to  be  published  two   days. 

ayes  and  noes  to  be  specified  therein. 

when  amended,  republished  with  amendments  one  day. 
Revision  and  amendment,  §  90. 

forbidden  by  reference  to  title  only. 

to  follow  the  method  for  the  adoption  of  ordinances. 
Rewards,  §  113. 

to  offer  not  exceeding  $250  in  any  one  instance. 

for  apprehension  and  conviction  of  persons  committing  felony. 

to  authorize  the  payment  thereof. 
Rules  of  proceeding,   §  80. 

to  establish  rules  for  its  proceedings. 
Sale  of  useless  personal  property,  §  149. 

to  provide  for  sale  of  at  public  auction. 

to  advertise  same  for  sale  for  at  least  five  days. 

includes  property  unfit  and  unnecessary  for  City  use. 
Sewer  connections,  §  136. 

to  regulate  the  construction,  repair  and  use  of. 

includes  sewers,  sinks,  gutters,  wells,  cesspools  and  vaults. 

to  compel  connecting,  cleaning  and  emptying  of  same. 

to  prescribe  time   and   manner  of  performing  work  upon. 
Signing  and  attesting,  §  89. 

ordinances  and  resolutions  to  be  signed  by  Mayor  and  attested 
by  City  Clerk. 
Size  and  location  of  pipes,  §  163. 

to  regulate  all  water,  gas  and  other  pipes  and  conduits. 

to  require  filing  of  charts  and  maps  of  same. 
Spur  tracks,  §  161. 

to  permit  laying  down  and  running  cars  thereon. 

to  be  used  for  transportation  of  freight  only. 

to  prohibit  use  as  main  line  or  part  thereof. 

to  permit  use  for  excavating  and  filling  streets,  etc. 

to  limit  continuance  of  for  a  necessaiy  period  only. 

to  provide  that  same  be  laid  level  with  street. 

to  forbid  interference  with  public  use  of  streets. 

to  make  same  revocable  at  pleasure  of  Council. 
Street  grades,  to  establish  or  change,  §  151. 
Street   opening,   §  153. 

to  regulate,  order,  control,  define  and  limit. 

to  defray  cost  and  expense  of  by  special  assessment. 


Charter  op  the  City  of  Berkeley  123 

Council  (Continued). 

to  provide  that  proceedings  conform  to  State  law. 

to  provide  that  rommissioner    and    secretaries   perform    duties, 
but  shall  receive  no  compensation  therefor. 
Street  work,  §  152. 

to  regulate,  order,  control,  define  and  limit. 

to  provide  for  planting  and  care  of  shade  trees. 

to  order  drainage  and  sanitary  or  storm  sewers. 

to  provide  special  assessment  to  defray  cost  and  expense  of. 

to  be  subject  in  all  respects  to  laws  of  the  State. 
Subject  and  title,  §  84. 

ordinances  and  resolutions  confined  to  one  subject. 

excepting  an  ordinance  making  appropriation. 

subject  to  be  clearly  expressed  in  the  title. 

if  apjiropriative,  confined  to  appropriations. 

any  subject  not  embraced  in  title,  void  as  to  same. 
Subordinate  officers  and  employees,  §  68. 

to  create  and  discontinue  minor  offices. 

to  provide  the  mode  of  filling  same. 

to  prescribe  the  duties  pertaining  thereto. 

to  determine  manner  of  removals. 

to  determine  need  of  creating  office. 

to  observe  provisions  of  Charter  as  to. 
Tax  lien,  §  182. 

assessments  shall  constitute  liens  on  property  assessed. 

also  any  percentage  imposed  for  delinquency. 

also  cost  of  collection  of  taxes. 

tax  on  personal  property  a  lien  on  real  property. 

tax  liens  attach  on  first  Monday  in  March  each  year. 

action  may  be  brought  in  proper  court  for  enforcement  of  same. 

also  to  foreclose  lien  or  sell  property. 

certificates  and  deeds  to  be  prescribed  by  ordinance. 

sales  for  non-payment  of  taxes  to  be  provided. 

right  of  redemption  to  bo  preserved. 

to  be  governed  by  rules  in  State  and  County  sales. 

unless  a  procedure  is  prescribed  by  Council. 
Tax  system,  §  173. 

to  provide  a  system  for  assessment  levy  and  collection  of  taxes. 

to  be  consistent  with  provisions  of  the  Charter. 

to  have  power  to  avail  itself  of  any  law  of  the  State. 

to  comply  wilh  the  requirements  and  provisions  thereof. 

as  to  assessments  made  by  County   Assessor. 

as  to  taxes  collected  by  County  TaxCollector. 
Taxation,  §  143. 

to  levy  and  collect  taxes  on  real  and  person?>I  pro|)erty. 

subject  to  limitations  provided  in  the  Chartor. 
Term  of  office,  §  52. 

four  years  from  July  1st  after  election. 

first  Councilmen  to  classifv  bv  lot. 


124  Charter  of  the  City  op  Berkeley 

Council  (Continued). 

two  to  serve  for  two  years  and  two  for  four  years. 

members  elected  every  two  years  thereafter. 
To  provide  for  payment  of  services  of  public  accountant,  §  61. 
Trusts,  to  provide  for  all  trusts  confided  to  City,  §  150. 
Uniform  accounts  and  reports,  §  186. 

to  prescribe  uniform  forms  of  accounts. 

to  require  disbursing  officers  to  observe  the  same. 

to  be  governed  by  act  of  legislature  calling  for  same. 
Violation  of  Charter  and  ordinances,  §  111. 

to  provide  fines,  forfeitures  and  penalties  for. 

maximum  penalty  $500,  six  months'  imprisonment,  or  both. 
Waterfront  and  wharves,  §  157. 

to  improve,  keep  in  repair  and  control  waterfront. 

to  fix  rates  of  and  collect  wharfage,  dockage  and  toll. 

to  regulate  and  control  landing,  etc.,  of  watercraft. 
Weeds  and  rubbish  on  sidewalks,   §  126. 

owner  or  occupant  of  building  compelled  to  remove. 

removal  by  City  at  owner's  expense,  when. 
Weights  and  measures,  §  140. 

to  provide  for  inspection  and  sealing  of. 

to  enforce  use  of,  duly  tested  and  sealed. 
Date  of  second  election,  §  29. 

to  be  held,  when  necessary,  three  weeks  after  first  election. 
Dairifs,  Council  to  provide  for  and  regulate  inspection  of  all,  §  134. 
Dangebous  and  offensive  occupations,  §  132. 

Council  to  regulate  or  prohibit  factories,  etc. 

affecting  the  public  health  or  good  order  of  the  City. 

or  when  offensive  or  dangerous  to  inhabitants  of  a  vicinity. 

to  provide  punishment  for  persons  violating  regulations. 

also  those  who  knowingly  permit  same  to  be  violated. 
Departments,  Executive  and   Administrative,   §  64. 

Annual  budget  of  estimates  for  departments,  etc.,  §  176. 

Council  to  assign  duties  to,  §  65. 

Department  estimate  of  annual  requirements,  §  174. 

estimates  rendered  in  writing  on  or  before  April  1st  of  each  year. 

to  be  filed  with  Commissioner  of  Finance  and  Revenue. 

to  specify  in  detail  the  objects  thereof. 

amounts  required  in  respective  offices,  commissions,  etc. 
The  four  municipal  department,  §  64. 

powers  of  City  distributed  among  four  departments. 

1.  Department  of  Finance  and  Revenue. 

2.  Department  of  Public  Health  and  Safety. 

3.  Department  of  Public  Works. 

4.  Department  of  Public  Supplies.  ' 
Reports  of  departments,  §  70. 

each  department  and  commission  shall  report  annually, 
upon  a  date  to  be  fixed  by  the  Council. 


Charter  ob'  the  City  of  Berkeley  125 

Depabtments,  Reports  of  (Continued). 

a  full  report  to  Mayor  of  all  operations  for  the  year. 
Reports  to  be  published,  §  71. 

annual   reports   of   Mayor,   departments   and   commissions   pub- 
lished, when. 
Detention  homes,  City  to  acquire  and  maintain,  §  97. 
Deposit  as  guarantee  of  good  faith,  §  202. 

cash  deposit  of  $2,000  to  accompany  application  for  franchise. 

certified  check  may  be  given  in  lieu  thereof. 

a  fund  to  cover  expenses  of  application,  etc. 

deposits  of  unsuccessful  bidders  to  be  returned. 

deposit  of  successful  bidders  to  be  retained  until  bond  given. 

after  bond  given,  balance  less  expenses  returned  to  bidder. 
Defend  and  sue.  City  may  sue  and  defend  in  all  courts,  places,  matters, 

etc.,  §  107. 
Deputies,  verification,  §  11. 

to  be  qualified  electors  of  the  City. 

appointed  by  City  Clerk  upon  application  of  five  electors. 

upon  appointment,  authorized  to  take  the  oath  of  verification  of 
all  signers  of  petitions  of  nomination. 

not  permitted  to  take  oaths  for  any  other  purpose. 

not  required  to  use  a  seal. 

appointments  continue  only  until  petitions  have  been  filed. 

Dispensaries,  City  to  acquire,  establish,  maintain,  equip,  etc.,  §  97. 

Disagbeeable  noises.  Council  to  make  regulations  for  the  suppression 
of,  §  132. 

Disposition  of  money  collected,  §  185. 

officers  collecting  or  receiving  money  to  settle  with  Auditor  on 
or  before  the  last  day  of  each  month. 

or  at  more  frequent  intervals,  as  required  by  Council. 

shall  immediately  pay  all  money  collected  into  the  treasury. 

on  the  order  of  the  Auditor. 

for  the  benefit  of  the  funds  to  which  such  money  severally  belong. 

when  last  day  of  month  falls  on  Sunday  or  legal  holiday,  pay- 
ments to  be  made  on  the  next  preceding  business  day. 

Council  to  provide  for  deposit  of  City's  money  in  banks. 

subject  to  the  provisions  of  State  law. 

Direct  legislation  (the  Initiative),  §219. 

any  proposed  ordinance  may  be  submitted  to  the  Council. 

petition  for  same  to  be  signed  by  registered  electors. 

subject  to  the  percentage  of  Article  13  of  Charter. 
Provisions  of  section  5  apply,  §  220. 

Section  5  of  Article  3,  as  to  forms  and  conditions,  ai)plies. 

verification,  certification  and   filing  to  be  followed. 
Fifteen  per  cent  petition,  §  221. 
Five  per  cent  petition,  §  222. 
Publication  of  popular  ordinance,   §  223. 


126  Charter  of  the  City  op  Berkeley 

Direct  Legislation  (Continued). 

Election  under  the  Initiative,  §  224. 
Several  ordinances  at  one  election,  §  225. 
Limit  to  special  election,  §  226. 
Eepeal  of  popular  ordinance,  §  227. 
Further  regulations,  §  228. 
Referendum. 

Mode  of  protesting  against  ordinances,  §  229. 
Eeference  of  measures  to  popular  vote,  §  230, 
Further  regulations,  §  231. 
Docks,  City  to  acquire  by  purchase,  condemnation  or  otherwise,  §  97. 

to  establish,  maintain,  equip,  own  and  operate. 
Donations  and  bequests,  §  103. 

City  may  receive  for  any  purpose, 
power  to  manage,  sell,  etc.,  defined, 
includes  trusts,  conditional  or  unconditional. 
Dogs,  Council  to  regulate  and  prevent  running  at  large,   §  128. 
to  prevent  dog  fights  in  the  street, 
to  provide  for  the  destruction  of  vicious  dogs, 
to  require   payment  of   license   fees   by   owners   and  custodians 

thereof, 
to  impose  penalties  for  refusal  to  pay  license  fees. 
Drains,  City  to  establish,  equip,  own,  etc.,  §  97. 
Duties  of  the  Auditor  defined  and  prescribed,  §  183. 
Dice.     Playing  with  dice  for  purpose  of  gambling  prohibited,  §  141. 
Drunkenness,  Council  to  prevent  and  punish,  §  142. 
Disorderly  conduct.  Council  to  prevent  and  punish,  §  142. 
Demand  against  the  City,  mode  of  presentation  and  allowance  of,  §  183. 
Eggs.     Inspection  of  food  products  provided  for,  §  133. 
Elections,  general  and  special  municipal,  §  4. 

Charter  provisions  prescribing  and  governing  same. 
Council  to  make  rules  and  regulations  governing,  §  164. 
Arrangement  of  officers  on  ballot,  §  23. 
Blank  spaces  for  additional  candidates,  §  25. 
Board  of  Education  to  annually  elect  from  its  members  a  president, 

§  233. 
Condition  of  candidacy,  §  6. 
Date  of  presenting  petition,  §  12. 
Date  of  second  election,  §  29. 
Elected  at  large,  §  46. 

Mayor,  Auditor,  Councilmen  and  School  Director. 
Election  of  teachers  to  be  by  Board  of  Education,  §  241. 
Election  proclamation,  §  18. 

Council  to  publish  proclamation  ten  days  before  election. 

to  be  published  in  two  daily  newspapers  of  City. 

to  conform  to  State  law  and  contain  certified  list  of  names.  ^ 

to  contain  list  of  officers  and  designate  term  of  oflSce.  | 


Ch-vrter  op  the  City  of  Berkeley  127 

Elections  (Continued). 

Election  under  recall  petition,  §  38. 

Election  under  the  Initiative,  §  224. 

Every  nominee  to  be  on  ballot,  §  22. 

Examination  of  petitions  by  t'ity  Clerk,  §  13. 

Failure  of  person  elected  to  qualify,  §  31. 

Fifteen  per  cent  petition,  §221. 

Filing  of  petitions,  §  16. 

First  election  under  Charter  provided  for,  §  246. 

Board  of  Trustees  of  town  of  Berkeley  to  i)rovide  for. 
Five  per  cent  petition,  §  222. 
Form  of  ballots,  §  19. 
Form  of  nomination  petition,  §  7. 
Forms  to  be  supplied  by  the  City  Clerk,  §  9. 
Further  regulations,  §  228. 
Further  regulations,  §  231. 
General  election  regulations,  §  33. 
Informalities  in  election,  §  32. 
The  Initiative.     Direct  legislation,  §  219. 
Instructions  to  voters,  §  20. 
Limit  to  special  election,  §  226. 
Nomination  and  election  of  City  officers,   §  5. 
Petition  of  nomination.     Individual  certificate,  §  8. 
Preservation  of  petitions,  §  17. 
Provisions  of  section  5  apply,  §  220. 
Publication  of  popular  ordinance,  §  223. 
Reference  of  measures  to  popular  vote,  §  230. 
The  Referendum.     Mode  of  protesting  against  ordinances,  §  229. 
Repeal  of  popular  ordinance,  §  227. 
Requirements  of  ballot,  §  21. 
Requirements  of  certificate,  §  10. 

each  certificate  must  be  a  separate  paper. 

must  be  uniform  in  size,  as  determined  by  City  Clerk. 

must  contain  the  name  of  one  signer  thereto  only. 

must  contain  the  name  of  one  candidate  and  no  more. 

each  signer  must  be  a  qualified  elector, 

must  not  sign  duplicate  certificates  for  the  same  office. 

nor  more  than  the  total  number,  where  officers  more  than  one. 

conflicting  certificates  requires  rejection  of  all. 

must  make  oath  to  the  truth  of  each  certificate. 

must  contain  name  and  address  of  person  to  whom  to  return. 
Sample  ballots,  §  26. 
Second  election,  §  28. 
Several  ordinances  at  one  election,  §  225. 
Space  for  voting  cross,  §  24. 
Teachers  shall  be  subject  to  annual  election,  when,  §  242. 

after  two  years'  service  to  be  elected  triennially. 
Verification  deputies,  §  11. 
Vote  necessary  for  election,  §  27. 


128  Charter  ob'  the  City  op  Berkeley 

Elections  (Continued). 
Voting  machines,  §  34. 
Withdrawal  of  candidate,  §  15. 
Withdrawal  of  signature,  §  14. 
Elective  officers,  Eecall  of,  §  35. 

the  recall  applies  to  all  elective  oificers. 

whether  elected  by  popular  vote  or  appointed  to  a  vacancy. 

subject  to  recall  by  voters  of  the  City. 
Candidates'  election,  officers  sought  to  be  removed,  §  40. 
Election  under  recall  petition,  §  38. 
Further  regulations  under,  §  44. 
Grounds  of  recall.     Officers'  justification,  §  39. 
Incapacity  of  recalled  official  for  holding  office,  43. 
Incumbent  removed  if  he  fail  of  election,   §  41. 
No  recall  petition  for  first  three  months,  §  42. 
Petition  for  recall  prescribed  and  defined,  §  36. 
Provisions  of  section  5  apply  to  recall,  §  37. 

Electric  light,  heat  and  power,  §  98. 

City  may  acquire,  own  and  operate. 

within  or  without  the  City. 
Electric  motors,  Council  to  regulate  use  of,  §  118. 
Transportation — electric  and  other  railways,  §  99. 

Engines  and  boilers,  regulation  of,  §  118. 

Enacting  clause  of  ordinances  prescribed,  §  85. 

Eligibility  of  Mayor,  Auditor  and  Councilmen,  §  47. 
Of  School  Directors,  §  48. 

Equalization,  Board  of,  §  177. 

Council  to  sit  as  board  of. 

between  the  first  and  last  Mondays  of  August  in  each  year.  ' 
shall  have  power  to  hear  complaints  of. 

to  correct,  modify,  strike  out  or  raise  any  assessment,  provided 
notice  is  given  to  party  whose  assessment  is  to  be  raised. 
Erroneously  collected  taxes,  repayment  of,  §  144. 
Estimate.     Annual  requirements  of  department,  etc.,  §  174. 
Annual  budget  to  be  made  by  Council,  §  176. 
Annual  expenses  of  Board  of  Education,  §  244. 
City's  annual  requirements  and  revenue,  §  175. 
Explosives,  Council  to  regulate,  prohibit,  etc.,  §  116. 
Examination  of  company's  books.     Audit,  §  213. 

Auditor,  deputy  or  accountant  to  make  examination. 

includes  all  books,  etc.,  of  persons,  firm  or  corporation, 
whether  enjoying  franchise  or  privilege  granted  by  City, 
to  verify  statements  of  gross  receipts,  etc. 
may  audit  same  at  end  of  each  fiscal  year. 
Executive  and  Administrative  Departments  specified,  §  64. 
Existing  ordinances  continued  in  force,   248. 


Charter  op  the  City  of  Berkeley  129 

Fairview  Park,  §  3.     (See  Boundaries.) 

Farm  schools,  City  to  acquire,  establish,  maintain,  equip,  etc.,  9  97. 

Failure  of  persons  elected  to  qualify,  §  31. 

Ferries,  City  to  acquire  by  purchase,  etc.,  to  establish  and  maintain,  {  99. 

Fees.    Council  to  fix  fees  and  charges  for  official  services,  §  145. 

First  Strekt,  §  3.     (See  Boundaries.) 
Election  under  Charter,  §  246. 

Finance  and  Revenue,  Department  of,  §  64. 

executive  and  administrative  power  assigned  to. 
Finance  and  taxation,  the  fiscal  year,  §  172. 

Fire  Chief,  a  chief  official  of  the  City,  §  67. 

Fire  alarm  system,  Council  to  establish  and  maintain,  §  115. 

Fire  Department,  Council  to  organize  and  maintain,  §  114. 

Fire  escapes.  Council  to  require  placing  of  same,  §  121. 

Fire  limits.  Council  to  prescribe  and  determine,  §  119. 

Firemen,  free  transportation  while  on  duty  provided  for,  §  208. 

Fireplaces,  Council  to  prevent  construction  of  dangerous,  §  122. 

Precautions  against  fires.  Council  to  provide,  §  122. 
Firms  outside  of  city,  supplied  with  water,  gas  and  electricity,  §  98. 

Auditor,  etc.,  to  examine  books,  vouchers,  records,  etc.,  of,  §  213. 
Fish,  inspection  of  food  products  provided  for,  §  133. 

Fiscal  year  to  begin  on  July  1st  of  each  year,  or  as  Council  may  direct. 
Fifteen  per  cent  petition  (Initiative),  §221. 
Charter  regulations  governing  same. 

(a)  requires  passage  of  ordinance. 

(b)  requires  call  for  special  election,  when. 
Five  per  cent  petition  (Initiative),  §  222. 

Charter  regulations  governing  same. 
Filing  of  petitions;    Clerk  to  file  same  twenty-five  days  before  election, 
etc.,  §  16. 
when  petition  of  nomination  filed  not  to  be  withdrawn. 

FOBM  op  contracts,  §  187. 

all  contracts  to  be  drawn  under  supervision  of  City  Attorney, 
must  be  in  writing  and  executed  in  name  of  City  of  Berkeley, 
to  be  executed  by  official  authorized  to  sign  same, 
must  be  countersigned  by  Auditor. 

Auditor  to  number  and  register  same  in  book  for  that  purpose. 
Form  of  ballots,  §  19. 
Form  of  nomination  petition,  §  7. 
Forms  to  be  supplied  by  City  Clerk,  §  9. 
Fountains,  City  to  acquire,  establish,  maintain,  equip,  etc.,  §  97. 
Food  products,  inspection  of,  §  133. 

Council  to  provide  inspection  of  by  Health  Officer. 

various  kinds  of  food  specified. 

Council  to  provide  for  taking  and  destroying  unsound,  etc. 


130  Charter  of  the  City  of  Berkeley 

Food  Products  (Continued). 

Council  to  regulate  and  prevent  bringing  same  into  City. 
includes  spoiled,  adulterated  or  unwholesome  products. 

Foundations,  building  regulations  as  to,  §  120. 
Foundation  walls,  building  regulations  as  to. 

Forfeiture  for  non-compliance  with  franchise,  §  216. 
ordinance  to  provide  for  forfeiture  of  franchise, 
any  breach  or  failure  to  comply  with  terms  of. 
Council  to  declare  determination  and  forfeiture, 
in  like  manner  as  if  power  expressly  reserved  in. 

Franchises,  §  92. 

Annual  reports  of  company,  §  214. 

reports  to  be  filed  with  City  Auditor  annually. 

to  be  in  writing  and  verified  by  oflScers,  etc. 

statement  to  be  in  form 'and  detail  as  prescribed  by  Council. 

to  include  all  gross  receipts  for  year  preceding  report. 

such  further  statements  as  Council  may  require. 

includes  also  all  expenditures  for  new  construction,  etc. 
Applications  for  franchise,  §  199. 
Beginning  and  completion  of  work  under,  §  206. 

work  to  begin  in  good  faith  within  four  months  from  date. 

if  not  so  commenced,  franchise  to  be  forfeited 

work  to  be  completed  within  time  fixed  by  ordinance. 

not  more  than  three  years  from  date  of  ordinance. 

if  not  complete,  as  specified  in  ordinance,  franchise  forfeited. 

right  conferred  upon  Council  to  make  limited  extension. 

such  extension  not  to  exceed  three  months. 
Bidding  for  the  franchise,  §  201. 

after  sealed  bids  opened,  other  bidders  may  raise  offer. 

one-fourth  of  1%  of  the  gross  annual  receipts,  minimum  raise. 

Council  may  withdraw  franchise  from  sale,  etc.,  when. 
Bond  required  from  successful  bidder,  §  204. 
Conditions  of  grant  of,  defined  and  prescribed,  §  200. 

advertisement  for,  must  state  character  of. 

if  a  railroad,  the  route  to  be  traversed. 

that  sealed  bids  will  be  opened  at  stated  time  and  place. 

that  franchise  will  be  awarded  to  the  highest  bidder. 

highest  percentage  of  gross  annual  receipts  acceptable. 

not  to  be  less  than  2^/^%  annually  first  ten  years. 

not  less  than  3%  during  second  ten  years. 

not  less  than  4%  during  third  ten  years. 

not  less  than  5%  for  remainder  of  period. 
Deposit  as  guarantee  of  good  faith,  prescribed,  etc.,  §  202. 
Examination  of  company's  book.     Audit.     §  213. 

person,  firm  or  corporation  to  submit  books,  etc.,  to  inspection. 

method  to  be  employed  and  officials  to  perform  same  designated. 
Forfeiture  for  non-compliance,  §  216. 

ordinance  to  provide  for  forfeiture  of  franchise. 


Charter  op  the  City  of  Berkeley  131 

Fbanchises,  Forfeiture  for  non-compliance   (Continued). 

for  any  breach  or  failure  to  comply  with  terms,  etc. 

Council  to  declare  termination  and  forfeiture  of,  when. 

in  same  manner  as  if  power  were  expressly  reserved. 
Franchise  not  in  use  forfeited,  §  218. 

actual  use  and  enjoyment  essential  to  life  of. 

delay  in  beginning  to  exercise  same  works  forfeiture. 

unless  grantees  use  same  within  six  months  after  Charter  takes 
effect. 
Franchise  to  use  streets,  §  198. 

conditions  prescribed. 

includes  gas,  electricity,  railroads,  etc. 

along,  upon,  over  or  under  any  street,  etc. 
Free  competition  in  bidding  for  provided,  §  203. 
Lease  or  assignment  of,  §  211. 

forbidden  without  express  consent  of  City. 

dealings  of  City  with  lessee  not  to  operate  as  a  consent. 

grantee  of  may  include  same  in  mortgage  or  trust  deed. 

whenever  executed  to  obtain  money  for  corporate  purposes. 
Maximum  period  franchise,  thirty-five  years,  §  205. 
No  conveyance  necessary  for  City's  ownership,  §  210. 

ordinances  granting,  to  provide  for  City  ownership. 

to  secure  plant  and  property  at  a  fair  valuation. 

manner  of  acquiring  to  be  specified  in  ordinance. 

no  instrument  or  conveyance  necessary. 

after  expiration  of  franchise,  may  become  property  of  City. 

without  instrument  or  conveyance,  by  virtue  of  original  grant. 
No  use  of  streets  without  a  franchise,  §  197. 
Ordinances  granting  franchises,  §  92. 

final  passage  of  precluded  before  thirty  days  after  introduction. 

renewal  precluded  before  one  year  prior  to  expiration. 
Payment  of  gross  receipts,  §  215. 

percentage  of  gross  receipts  payable  annually. 

at  time  of  filing  annual  report. 

failure  to  pay  percentage  forfeits  franchise. 

provisions  as  to  payment  of  gross  receipts,  applies. 

incladefl  every  person,  corporation,  etc.,  operating  under  fran- 
chise. 
Property  rights  of  the  City  inalienable,  under,  §  196. 
Rate  and  charges,  under  grant  of,  §  208. 

subject  to  right  of  City  to  prescribe  rates,  etc. 

whether  specifically  reserved  in  franchise  or  not. 

to  provide  for  certain  free  transportation. 

includes  mail  carriers,  oflScers,  policemen  and  firemen. 

while  in  actual  discharge  of  duty  within  the  City. 
Beservation  for  belt  lines,  §  217. 

City  and  Council  precluded  from  granting  exclusive  right. 

to  or  upon  the  bed  of  the  Bay  of  San  Francisco. 

beyond  the  line  of  mean  low  tide. 


132  Charter  of  the  City  of  Berkeley 

Franchises,  Reservation  for  belt  lines   (Continued). 

to  prevent  construction  and  operation  of  belt  lines. 

along  the  waterfront  of  the  City. 

any  franchise  for  railroad  over,  subject  to  common  use. 

upon  payment  of  reasonable  compensation  therefor. 
Eight  of  City  to  assume  ownership  of,  §  209. 

City  may  purchase  and  take  over  franchise,  when. 

becomes  property  of  the  City  without  compensation,  when. 
Service  and  accommodation,  under  grant  of,  §  207. 

all  franchises  subject  to  right  of  City  to  regulate. 

public  to  be  protected  from  danger  and  inconvenience. 

comfort  and  convenience  of  the  public  to  be  insured. 
Street  sprinkling,  cleaning  and  paving  under,  §  212. 

railway  franchises  to  contain  requirements  as  to. 

includes  repairing,  pa^'ing  and  repaving. 

space  between  rails  and  two  feet  outside  of  tracks,  etc. 
Free  competition  in  bidding  for  franchise,  §  203. 
Freeholders,  a  duly  qualified  board  of  fifteen,  elected,  §  256. 

prepared  and  proposed  a  Charter  for  government  of  Town  of 
Berkeley,  §  257. 

Charter  signed  in  duplicate,  returned  and  filed,  §  258. 
Fund,  cash  basis.  Council  to  create  and  maintain,  §  181. 
Further  recjulations.  Council  to  make  under  the  Initiative,  §  228. 

Council  to  make  under  the  Referendum,  §  231. 
Garbage. 

City  to  provide  for  collection  of,  §  97. 

City  to  establish,  maintain,  own  and  operate  reduction  works. 

City  to  provide  for  disposal  of. 
Gas,  City  to  own,  maintain  and  operate,  gas  works,  §  98. 

to  supply  the  City  and  its  inhabitants  with. 

to  supply  persons,  firms  or  corporations  outside  the  city  with. 
Game,  Council  to  provide  for  inspection  of,  §  133. 
Gambling,  Council  to  prevent  and  prohibit  all  descriptions  of,  §  141. 
General  and  special  municipal  elections,  §  4. 

powers  of  the  City  defined,  §  96. 
Grounds  of  recall,  officers'  justification,  §  39. 
Gross  receipts,  payment  of  under  franchise,  §  215. 
Grant,  conditions  of,  in  advertisement  for  franchise,  §  200. 
Gutters,  Council  to  provide  for,  in  street  work,  §  152. 

Council  to  regulate  construction  of,  in  sewer  connections,  §  136. 
Haskkll  Street,  §  3.     See  Boundaries. 
Halls,  to  regulate  and  prevent  obstruction  of,  §  123. 
Hacks,  Council  to  establish  stands  for,  etc.,  §  139. 
Herzoo  tract,  §  3.     See  Boundaries. 

Health,  preservation  of,  Council  to  make  proper  and  necessary  regu- 
lations for,  §  131. 


Charter  of  the  City  of  Berkeley  133 

Ukalth   (Continued). 

to  provide  for  suppression  of  disease,  etc. 

to  prevent  introduction  of  contagious  diseases. 

to  make  quarantine  laws  and  regulations. 

to  regulate  entry  into  city  of  diseased  persons. 

to  prohibit    entry   and    property    infected   with   contagious   dis- 
ease. 
Health  officeb.  a  chief  official  of  the  City,  §  67. 
Heat,  water,  light  and  power,  §  98. 

Heaeths,  Council  to  prevent  construction  of  dangerous,  §  122. 
Hospitals,  City  to  acquire,  establish,  maintain,  equip,  etc.,  §  97. 
Houses  of  correction.  City  to  establish,  maintain  and  equip,  etc.,  §  97. 
Hours  of  labor,  eight  hours  per  day  maximum  time  of  labor  or  serv- 
ice, §193. 

whether  by  City  officials,  contractors  or  employees. 

includes  all  laborers,  workmen,  or  mechanics. 

employed  in  municipal  work. 
Idaho  Street,  §  3.    See  Boundaries. 

Infirmaries,  City  to  acquire,  establish,  maintain,  etc.,  §  97. 
Inflammable,  materials.  Council  to  regulate  storage  of,  §  117. 
Initiativb,  direct  legislation,  defined  and  prescribed,  §  219. 
Incumbent  removed  upon  failure  of  election,  §41. 
Incapacity  of  recalled  official  defined,  §  43. 
Inspection  of  food  products,  §  133. 
Improper  use  of  streets  prohibited,  §  125. 
Jails,  City  to  establish,  maintain,  equip,  etc.,  §  97. 
Joint  ownership  op  v/ater  supply,  provided  for,  §  106. 
Justification  of  officer  under  recall  petition,  §  39. 
Kellersberger's   map  of  Rancho  Vincente  and   Domingo  Peralta, 

§  3.     (See  Boundaries.) 
Kindergarten,  City  to  establish,  maintain,  equip,  etc.,  §  97. 

Land  for  public  purposes,  §  101. 

City  may  acquire  by  purchase,  condemnation,  etc. 
within  or  without  the  City, 
for  the  establishment,  etc.,  of  any  public  utility, 
or  to  effectuate  any  other  public  purpose. 

may   sell,   convey,    encumber   and    dispose   of    for   the   common 
benefit. 
Lease  of  lands  owned  by  the  City,  §  147. 

lease  may  be  made  of  any  lands  owned  by  the  City, 
to  be  made  at  public  auction  to  the  highest  bidder, 
at  the  highest  monthly  rent. 

after  previous  publication  of  notice  for  at  least  one  week, 
notice  to  specify  time  and  conditions  of  proposed  leased. 
(Council  may  in  its  discretion  reject  any  and  all  bids. 


134  Charter  of  the  City  of  Berkeley 

Laed,  ingpection  of  food  products,  §  133. 

Lane,  Council  to  order  street  work  upon,  §  152. 

Laboe,  hours  of,  §193. 

eight  hours  per  day  prescribed  as  maximum  time  of. 

includes  laborers,  workmen  or  mechanics. 

employed  upon  any  municipal  work. 

whether  by  City,  its  officers,  contractors  or  sub-contractors. 

Le\se  of  public  utilities  provided  by  Charter,  §  102. 
Lease  or  assignment  of  franchise,  §  211. 

forbidden  without  express  consent  of  the  City, 
dealings  of  city  with  lessee  not  to  operate  as  a  consent, 
grantee  of,  may  include  same  in  mortgage  or  trust  deed, 
when  executed  to  obtain  money  for  corporate  purposes. 

Legislation. 

Direct  legislation  by  the  people,  §  168. 

qualified  voters  have  power  through  initiative  and  otherwise, 
to  carry  out  and  enforce  general  powers  of  the  City. 
or  any  of  the  specified  powers  of  the  Council, 
subject  to  provisions  of  Charter  and  laws  of  State. 

Lecture  rooms,  provisions  for  safety  in,  etc.,  §  123. 

Levees,  Council  to  provide  same  under  street  work,  §  152. 

Library  Trustee,  a  chief  official  of  the  City,  §  67. 

Libraries,  City  to  establish,  maintain,  equip,  operate,  etc.,  §  97. 

Light,  water,  heat  and  power,  §  98. 

City  to  operate  plant  and  furnish  citizens  with  it. 
Light  and  water,  §  154. 

City  to  provide  for  light  streets,  highways,  public  places,  etc. 

Lighting,  contracts  for,  §  191. 

not  to  be  made  for  a  longer  period  than  one  year. 

rate  limited  to  the  minimum  price  charged  to  any  other  consumer. 

includes  streets,  public  buildings  or  offices. 

Licensing  businesses,  §138. 

for  purposes  of  regulation  and  revenue,  all  kinds  of  businesses. 

not  prohibited  by  law,  to  be  carried  on  in  the  City. 

to  fix  rates  and  provide  for  collection  by  suit  or  otherwise. 

Life  of  franchises,  maximum  duration  thirty-five  years,  §  205. 

Limit  op  tax  levy,  §  179. 

not  to  exceed  $1.00  on  each  $100  of  assessed  value, 
includes  all  real  and  personal  property  within  the  City. 
Council  not  to  apportion  less  than  35  cents  to  the  school  fund, 
unless  Board  of  Education  calls  for  a  less  amount, 
remainder  of  such  levy  to  be  placed  in  the  general  fund. 
to    be    apportioned    by    Council,    subject    to    provisions    of    the 
Charter. 


Charter  op  the  City  op  Berkeley  135 

Liens,  assessment  constitutes  a  lien  on  the  property  assessed,  §  182. 

tax  on  personal  property  to  be  a  lien  on  real  property. 

liens  attach  as  of  the  first  Monday  in  March  in  each  year. 

may  be  enforced  by  action  in  any  court  of  competent  juris- 
diction. 

lien  may  be  foreclosed  or  sale  of  property  affected,  may  be 
made. 

necessary  certificates  and  deeds  therefor  to  be  prescribed  by 
ordinance. 

real  estate  may  be  sold  to  City  for  taxes  due. 

to  be  sold  in  like  manner,  with  sales  for  State  and  county 
taxes  due. 

Council  to  provide  procedure  in  such  sales  and  redemption  there- 
after. 

LoBiN  Villa  Tract,  §  3.     (See  Boundaries.) 
Lodging  houses,  §  135. 

regulations  to  be  made  to  prevent  overcrowding  of  same. 

to  require  that  they  be  kept  in  proper  sanitary  condition. 

Mabel  Stre^:!,  §  3.     (See  Boundaries.) 
Mayor,  an  elective  officer  of  the  City,  §  45. 

to  have  the  right  to  vote  upon  any  question  before  the  Council. 
Annual  salary.  $2400,  payable  monthly,  §  56. 
Bond  of  Mayor,  $10,000,  §  54. 

to  be  approved  by  the  Council. 

Mayor  to  approve  bond  of  Auditor,  Councilmen  and  School 
Directors. 

conditions  of  bond  specified. 
The  chief  executive  officer  of  the  City,  §  58. 

must  see  that  all  ordinances  are  duly  enforced. 

charged  with  general  oversight  of  the  several  departments. 

must  see  that  all  contracts  with  City  are  faithfully  performed. 
Elected  at  large  on  a  general  ticket,  §  46. 
Eligibility  of,  §  47. 

must  be  a  citizen  of  the  United  States. 

must  be  a  qualified  elector  of  the  State  and  City. 
Mayor  pro  tempore,  §  59. 

Vice-President  of  Council  serves  in  absence  of. 

in  event  of  absence  or  disability  of  both.  Council  shall  elect. 

in  case  of  vacancy  in  office  of,  Vice-President  acts. 
Mayor  to  have  City's  books  examined,  §  61. 

to  employ  a  certified  public  accountant. 

at  the  beginning  of  each  fiscal  year. 

for  a  stipulated  compensation. 
Mayor's  reports,  §  60. 

to  give  Council  information  annually  and  from  time  to  time. 

to  recommend  such  matters  as  he  may  deem  expedient. 
Mayor's  urgency  fund,  §  146. 

urgent  necessity  fund  not  exceeding  $500  per  year. 


136  Charter  op  the  City  of  Berkeley 

Mayor,  Urgency  fund  (Continued). 

to  be  expended  under  the  direction  of  the  Mayor. 
Powers  and  duties  prescribed  by  ordinance,  §  63. 

to   exercise   and  perform   other  duties  and   powers   under   ordi- 
nance. 
Signing  and  attesting,  §  89. 

resolutions  and  ordinances  to  be  signed  by. 
Supervision  of  public  utility  companies,  §  62. 

Mayor  charged  with  general  supervision  of. 

to  keep  himself  fully  informed  as  to  compliance  with  law. 

to  see  that  all  City  franchises  are  faithfully  observed. 

to  cause  actions  brought  to  prosecute  for  violations  of  law. 

to  revoke,  cancel,  etc.,  all  franchises  which  are  forfeitable. 

or  which  are  illegal,  void  and  not  binding  upon  the  City. 

City  Attorney  must  prosecute  on  demand  of  the  Mayor. 
Term  of  office,  two  years,  §  51. 

beginning  July  1st  after  his  election. 
Vacancy  in  the  office  of,  §  49. 

Council  to  appoint  a  person  to  fill  such  vacancy. 

in  event  of  tie  vote.  Council  to  appoint. 

Market.    Market  houses,  City  to  acquire,  establish,  maintain,  etc.,  §  97. 

Machinery,  Council  to  prevent  construction  and  cause  removal  of  dan- 
gerous, §  122. 

Manufactories,  §  122. 

Council    to    prevent    construction    and    cause    removal    of    dan- 
gerous. 
Manholes,  Council  to  order  same  constructed  under  street  work,  §  152. 
Mail  carriers,  free  transportation  while  on  duty  provided,  §  208. 

Majority  vote  of  Council  necessary  to  pass  ordinance  or  resolution,  §  83. 
Majority  of  Council  constitutes  a  quorum   for  transaction  of  busi- 
ness, §  79. 
Vote  necessary  for  election,  §  27. 

Meetings  of  Council,  §  77. 

Coimcil  to  provide  for  time,  place  and  manner  of  holding, 
meetings  of  Council,  whether  regular  or  special,  open  to  pub- 
lic, §  78. 
Board  of  Education  to  meet  at  times  desginated  by  resolution,  §  234. 
in  a  place  to  be  provided  therefor  by  the  Council. 
Board  to  provide  manner  of  calling  special  meetings. 
Meats,  Council  to  provide  for  and  regulate  inspection  of,  §  133. 

Measures,  reference  of,  to  popular  vote,  provided  for,  §  230. 
Weights  and  measures,  inspection  and  sealing  of,  §  140. 

Council  to  regulate  the  keeping  and  use  of  by  dealers. 

to  enforce  use  of,  duly  tested  and  sealed. 
Mendicants,  City  to  restrain  and  punish,  §  142. 
Milk,  City  to  j)rovide  for  and  regulate  inspection  of,  §  133. 


Charter  op  the  City  of  Berkeley  137 

MlSCEIXANEOUS   PROVISIONS  OF  CHARTER,   §  245. 

Alternative  proposition,  defined,  §  252. 
Certificate  of  freeholders,  §251. 
Conduct  of  legal  proceedings,  §  249. 
Existing  ordinances  continued  in  force,  §  248. 
First  election  under  the  Charter,  §  246. 
Terms  of  incumbents  in  office,  §  247. 
Time  when  Charter  takes  effect  declared  and  specified. 
Violation   of  Charter  and   ordinances,   §  250. 
Monterey  Avenue,  §  3.    See  Boundaries. 
Morgues,  City  to  establish,  maintain,  equip,  etc.,  §  97. 
Money  to  meet  warrants,  §  184. 

Money  available  for  cash  basis  fund,  §  181. 
Municipal  ownership,  §170. 

City  to  provide  a  suitable  procedure  for  acquiring, 
includes  public  utilities  and  property  therein. 
Right  of  City  to  assume  ownership  of  franchises,  §  209. 
Museums,  City  to  acquire,  establish,  maintain,  equip,  etc.,  §  97. 
Name  of  the  City,  §  1, 

the  municipal  corporation  known  as  the  Town  of  Berkeley, 
to  remain  and  continue  a  body  politic  and  corporate, 
and  to  have  perpetual  succession  by  the  name  of  the  City  of 
Berkeley. 
Newbury  tract,  §  3.     See  Boundaries. 
Northbrae  tract,  §  3.     See  Boundaries. 
North  Cragmont  tract,  §  3.    See  Boundaries. 
Nomination  and  election  of  City  officers,  §  5. 

the  mode  and  nomination  and  election  of,  prescribed. 
Filing  of  petitions  of  nomination,  §  16. 
Form  of  nomination  petitions,  defined  and  prescribed,  §  7. 
Forms  to  be  supplied  by  the  City  Clerk,  §  9. 
Preservation  of  petitions  of  nominations,  §  17. 
Requirements  of  certificates  of  nomination,  §  10. 
Nominee,  every  nominee  to  be  on  ballot,  §  22. 

excepting  in  case  of  withdrawal  of  name. 
Nominate,  §  240. 

Superintendent  of  Schools  to  recommend  and  nominate  teach- 
ers, when. 
Board  of  Education  to  elect  teachers  upon  nomination,  §  241. 
to  make  rules  governing  the  mode  of  nominating  teachers. 
Noises,  disagreeable,  Council  to  make   regulations  for  suppression   of, 

§132. 
Nuisances,  City  to  provide  for  the  summary  abatement  of,  §  112. 

at  the  expense  of  the  person  or  persons  creating  same. 
Oath  of  office,  every  officer  of  City  to  take,  §  55. 
form  as  provided  for  in  State  Constitution, 
to  be  filed  with  the  City  Clerk. 


138  Charter  of  the  City  of  Berkeley 

Oath  of  office   (Continued). 
Administering  oaths,  §  57. 

elective  officers,  chief  officials,  have  power  to  administer. 

includes  members  of  any  board  or  commission. 
Occidental  Street,  §  3.     (See  Boundaries.) 
Officers. 

Eecall  of  elective,  §  35. 

the  recall  applies  to  all  elective  officers. 

every  incumbent  whether  elected  or  appointed  subject  to  recall. 
Administering  oaths.     Subpoenas.     §  57. 

Candidates'  election.     Officer  sought  to  be  removed  a  candidate,  §  40. 
Compensation  of  officers  and  employees,  §  69. 
Councilman's  term  of  office,  §  52. 
Elected  at  large  at  general  municipal  election,  §  46. 
The  elective  officers  of  the  City  declared,  §  45. 
Election  under  recall  petition,  §  38. 
Eligibility  of,  defined  and  prescribed,  §  47. 

Mayor,  Auditor  and  Councilmen. 
Eligibility  of  School  Directors,  §  48. 
Further  regulations  may  be  adopted,  §  44. 
Grounds  of  recall.     Officers'  justification.     §  39. 
Incapacity  of  recalled  official,  §  43. 
Incumbent  removed  if  he  fail  of  election,  §  41. 
Mayor  and  Auditor's  term  of  office,  §  51. 
Xo  recall  petition  for  first  three  months,  §  42. 
Not  to  be  interested  in  contracts  or  franchises,  §  73. 

nor  in  any  work  or  business  of  the  City. 

nor  in  sale  of  articles  paid  for  from  the  treasury. 

nor  arising  under  assessment  levied  by  ordinance. 

nor  in  the  purchase  or  lease  of  City's  real  estate. 

nor  in  any  property  sold  for  taxes. 

nor  in  property  obtained  under  legal  process. 

employment  by  public  service  corporations  in  City  forbidden. 

employment  by  grantees  of  City  franchise  forbidden. 

employment  by  City  contractors  forbidden. 

agreements  contravening  the  provisions  of  this  section  null  and 
void. 

violating  the  provisions  of  section  a  misdemeanor. 
Oath  of  office  defined  and  prescribed,  §  55. 
Officers  collecting  and  receiving  money,  rules  as  to,  §  185. 
Official  bonds  of  chief  officials,  §  54. 
Petition  for  recall  prescribed,  §  36. 
Provisions  of  Sec.  5  as  to  forms,  etc.,  apply,  §  37. 
Salaries  of  chief  officials,  §  56. 
School  Directors'  terms  of  office,  §  53. 
Subordinate  officers  and  employees,  §  68. 
Town  officials  cease  office,  when  Council  so  declares,  §  247. 
Vacancy  in  office  of  Mayor,   Auditor  or  Councilmen,   §  49. 
Vacancy  in  office  of  School  Director,  §  50. 


Charter  op  the  City  op  Berkeley  139 

Official  seal,  Council  to  provide  a  corporate  seal,  §  110. 

to  contain  an  appropriate  device. 

to  be  aflSxed  to  all  instruments,  etc.,  needing  authentication. 
Contracts  for  official  advertising  in,  §  190. 
Official  newspaper,  §  189. 

public  work  to  be  done  by  contract  to  be  advertised  in. 
Mode  of  securing  the  official  newspaper  of  the  City. 
Officials,  free  transportation  of,  while  on  duty,  §  208. 
Ordinance. 

Ayes  knd  noes,  §  82. 

to  be  taken  upon  the  passage  of  all  ordinances  and  resolutions. 

to  be  entered  in  journal  of  proceedings  of  the  Council. 
Election  under  the  initiative,  §  224. 

ballots  to  contain  "For"  or  "Against  the  ordinance,"  etc. 

popular  ordinance  valid  and  binding  upon  majority  vote. 
Enacting  clause  of  ordinances,  §  85. 

"Be   it   ordained  by  the   Council  of  the   City  of  Berkeley  as 
follows." 
Existing  ordinances  continued  in  force,  §  248. 
Five  per  cent  petition  prescribed  and  defined,  §  222. 
Fifteen  per  cent  petition  prescribed  and  defined,  §  221. 
The  Initiative.    Direct  legislation.    Proposed  ordinances.     §  219. 
Majority  vote  of  Council,  §  83. 

ordinance  and  resolution  requires  at  least  votes  of  three  members. 
Ordinances  and  resolutions,  §  81. 

Council  shall  act  only  by. 
Ordinance  granting  franchises,  §  92. 

adoption  precluded  within  thirty  days  after  introduction. 

renewal  precluded  before  one  year  prior  to  expiration. 
Ordinances  required  in  certain  cases,  §  87. 

providing  for  any  specific  improvements. 

appropriation  or  expenditure  of  j)ublic  money  above  $500. 

the  acquirement,  sale  or  lease  of  public  property. 

for  the  levying  of  any  tax  or  assessment. 

for  the  granting  of  any  franchise. 

for  establishing  or  changing  fire  limits. 

for  the  imposing  of  any  penalty. 

exceptions  in  cases  where  Council  acts  under  general  State  law. 
Provisions  of  Sec.  5  as  to  forms  and  conditions  governs,  §  220. 
Powers  and  duties  prescribed  by  ordinance,  §  63. 

Mayor  to  exercise  powers  and  perform  duties. 
Publication  of  Charter  and  ordinances,  §  95. 

Council  to  cause  all  ordinances  to  be  classified. 

during  the  first  year  after  its  organization. 

and  from  time  to  time  thereafter. 

classification  to  be  under  appropriate  heads. 

together  with  or  separate  from  Charter  of  City. 

and  with  provision  of  constitution  and  State  laws. 

as  the  Council  may  deem  expedient. 


140  Charter  of  the  City  op  Berkeley 

Ordinance   ( Continued  ) . 

Publication  of  popular  ordinance,  §  223. 

proposed  popular  ordinance  to  be  printed. 

Clerk  to  enclose  copy  in  envelope  with  sample  ballot. 

same  to  be  mailed  to  voters  three  days  before  election. 

or  Council  may  insert  same  in  official  newspaper. 

to  be  published  as  ordinances  adopted  by  Council. 

such  publication  in  lieu  of  printing  and  mailing. 
Eeconsideration,  not  less  than  one  week  after  action  on  bill,  §  88. 
Eecord  of  City  ordinances,  §  93.  , 

copy  of  ordinances  to  be  kept  and  certified  by  City  Clerk. 

book  of  record  to  be  kept,  marked  "City  Ordinances." 

record  copy  with  certificate  prima  facie  evidence  of  contents. 

and  of  the  due  passage  and  publication  of  same. 

admissible  as  such  in  any  court  or  proceeding. 

when  used  in  case,  to  be  returned  to  custody  of  City  Clerk. 

records  shall  not  be  filed  in  any  case. 

does  not  prevent  proof  of  passage  and  publication  in  usual  way. 
Eeference  of  measures  and  ordinances  to  popular  vote,  §  230. 
Eeferendum,  The.     Mode  of  protesting  against  ordinances,  §  229. 
Eepeal  of  popular  ordinance,  mode  of  effecting,  §  227. 
Eepeal  to  be  by  ordinance  under  Sec.  44  Charter,  §  91. 
Eevision  and  amendment,  §  90. 

prohibited  by  reference  to  title  only. 

to  be  set  forth  and  adopted  in  manner  provided  for  in  section. 
Eequirements  of  an  ordinance,  §  86. 

before  final  action,  to  be  published  two  days. 

ayes  and  noes  to  be  specified  in  publication. 

amendments  before  final  adoption  to  be  published. 

to  be  republished  as  amended  not  less  than  one  day. 
Several  ordinances  at  one  election,  §  22-5. 
Signing  and  attesting,   §  89. 

resolutions  and  ordinances  to  be  signed  by  Mayor. 

to  be  attested  by  the  City  Clerk. 
Subject  and  title,  §  84. 

confined  to  one  subject  clearly  expressed  in  the  title. 

making  appropriations,  confined  to  subject  of  appropriations. 

subject    not    expressed    in    title,    renders    ordinance    void   as   to 
same. 

ordinance   making   appropriations   excepted   from   provisions   of 
section,  when. 
Violation  of  Charter  and  ordinances,   §111. 

Council  to  prescribe  fines,  forfeitures  and  penalties. 

for  violations  of  any  provisions  of  Charter  or  ordinances. 

penalty  not  to  exceed  $500,  or  six  months  imprisonment  or  both. 
A^iolation  of  Charter  and  ordinances,   §  2.')0. 

violation  of  Charter  and  ordinances  a  misdemeanor. 

may  be  prosecuted  in  the  name  of  people  of  the  State. 

may  be  redressed  by  civil  action. 


Charter  op  the  City  op  Berkeley  141 

Ordinance,  Violation  of  (Continued). 

place  for  imprisonment  of  misdemeanor  prescribed, 
imprisonment  to  be  in  favor  of  county  against  City,  when. 
Ovens,  to  prevent  the  construction  of  dangerous,  etc.,  §  122. 
Pabadise  Paek,  §  3.     (See  Boundaries.) 
Parks,  City  to  acquire,  establish,  maintain,  etc.,  §  97. 
Paving,  cleaning  and  sprinkling  of  streets,  §  212. 
Payment  of  gross  receipts  by  corporations,  firms,  etc.,  §  215. 
Perpetual  succession.  City  of  Berkeley  to  have,  §  1. 
Petition. 

Date  of  presenting  petition  of  nomination,  §  12. 

Election  under  recall  petition,  §  38. 

Examination  of  petitions  by  City  Clerk,  §  13. 

Fifteen  per  cent  petition  defined  and  prescribed,  §  221. 

Filing  of  petitions,  §  16. 

Five  per  cent  petition  defined  and  prescribed,  S  222. 

Form  of  nominating  petition,  §  7. 

Grounds  of  recall.     Officers'  justification,  §  39. 

Individual  certificate,  form  of  prescribed,  §  8. 

Initiative.     Direct  legislation,  petition  for,  §  219. 

No  recall  petition  for  first  three  months,  §  42. 

Petitions  after  withdrawal  of  candidate,  §  15. 

Preservation  of  petitions,  §  18. 

Provisions  of  Sec.  5  of  Charter  apply,  §  220. 

Provisions  of  Sec.  5,  Charter,  apply  to,  §  37. 

B«call  of  election  officers,  petition  for,  §  36. 

Withdrawal  of  signature  from  petition,  §  14. 
Percentage  of  gross  receipts  payable  to  city,  §  215. 

under  franchise  granted  by  City. 
Per  cent.  Council  to  borrow  money  at  not  more  than  5%  per  annum, 
§105. 

Fifteen  per  cent  petition  under  the  Initiative,  §  221. 

Five  per  cent  petition  under  the  Initiative,  §  222. 

Per  cent  required  when  bidding  for  a  franchise,  §  201. 
Pipes,  size  and  location  of,  water,  gas,  etc.,  §  163. 
Plots  "Q"  and  "R,"  §  3.     (See  Boundaries.) 

Playgrounds,  City  to  acquire,  establish,  maintain,  equip,  etc.,  §  97. 
Places  of  recreation,  City  to  acquire,  establish,  maintain,  equip,  etc., 

§97. 
Posen  Avenue,  §3.     (See  Boundaries.) 

POUTICAL  AND  RELIGIOUS  TESTS,  §  74. 

City  appointments  not  affected  by  religion  or  politics, 
appointments  and  removals  to  be  independent  of. 
transfer  and  promotion  not  to  be  affected  by. 
political  opinions  and  affiliations  excluded, 
political  services  not  to  affect  appointment  or  removal. 


142  Charter  of  the  City  of  Berkeley 

Power,  water,  light  and  heat,  §  98. 
Police  and  Fire  Departments,  §  114. 

Council  to  organize  and  maintain. 

to  erect  necessary  buildings  for. 

to  own  implements  and  apparatus  required  for. 
Police  and  Fire  Alarm  Systems,  §  115. 

Council  to  establish  and  maintain. 

to  manage,  control  and  appoint   Superintendent  thereof. 
Policemen,  free  transportation  while  on  duty  provided,  §  208. 

within  the  boundaries  of  the  City. 

Pound,  public. 

City  to  provide  and  maintain. 

Poultry,  City  to  provide  for  inspection  of,  §  133. 

Poles  and  wires,  regulation  of  telephone,  telegraph,  etc.,  §  162. 

Popular  ordinance,  publication  of,  §  223. 
Repeal  of,  §  227. 
Reference  of  measures  to  popular  vote,  §  230. 

Powers. 

Powers  and  duties  prescribed  by  ordinance,  §  63. 

Mayor  to  exercise. 
Powers  and  duties  of  the  Superintendent  of  Schools,  §  239. 

Powers  of  Superintendent  with  reference  to  teachers,  §  240. 
Powers  of  the  City  and  of  the  Council,  defined,  §  96. 

Property,  City  of  Berkeley  to  have,  hold  and  enjoy,  §  2. 

Property  rights  of  the  City  inalienable,  §  196. 
Precaxh'IONS  against  fires,  Council  to  provide,  §  122. 
Proclamation,  election,  defined  and  prescribed,  §  18.     (See  Election.) 

Provisions  of  Sec.  5  apply  under  recall  of  elective  officers,  §  37. 

relates  to  forms  and  conditions  of  petitions,  mode  of  verifica- 
tion, etc. 
Provisions  of  Sec.  5  apply  under  the  initiative,  §  220. 

Sees.  48  and  231  apply  to  Art.  3,  Sec.  5,  of  Charter. 
Provision  for  safety  in  streets,  §  124. 
Provisions  for  safety  in  theatres,  halls,  etc.,  §  123. 

President  and  Vice-President  of  Council,  §  76. 

Mayor  shall  be  President  of  the  Council  and  preside  at  meetings. 

Council  to  elect  one  of  its  number  Vice-President. 
President  of  the  Board  of  Education. 

Board  shall  annually  elect  one  of  its  number  to  be. 

may  be  removed  by  affirmative  vote  of  four  members. 

votes  as  a  member  of  the  Board  only. 
Products  of  public  utilities,  sales  of,  §  100. 
Prostitutes,  to  restrain  and  punish,  §  142. 
Prize  fight,  Council  to  prevent  and  punish,  §  142. 
Progressive  payments  on  contracts  under  ordinance,  §  188. 


Charter  op  the  City  of  Berkeley  143 

Preservation  of  petitions,  City  Clerk  to  provide,  §  17. 

Preservation   of  health,  Council  to  make  regulations  for,  §  131. 

I*ROTECTION   OF  ABSENT   COMMISSIONER   IN    COUNCIL   MEETINGS,   §  94. 

Proposition,  alternative,  provisions  of  Charter  relating  to,  §  252. 
Protesting,  mode  of,  against  ordinances,  §  229. 

Public  Road,  No.  3093,  see  Boundaries,  commonly  called  Tunnel  Road,  §  3. 
Department  of  Public  Health  and  Safety  created,  §  64. 
Department  of  Public  Supplies  created,  §  64. 
Department  of  Public  Works  created,  §  64. 
Public  buildings.  City  to  acquire,  establish,  maintain,  etc.,  §  97. 
Public  order  and  decency,  §  142. 

Public  Schools,  Art.  15  of  Charter,  Sees.  243  to  255,  inclusive. 
Public  toilets,  City  to  establish,  maintain,  equip,  etc.,  §  97. 
Public  vehicles,  regulation  of,  §  139. 
Public  work  to  be  done  by  contract,  §  189. 

includes  erection  of  all  public  buildings  and  works, 
street  and  sewer  work  of  all  kinds, 
all  work  in  or  about  streams,  bays,  waterfront,  etc. 
embankments,  etc.,  for  protection  against  overflow  and  erosion, 
the  furnishing  of  supplies  and  materials  for  the  same, 
or  for  any  other  use  by  the  City, 
when  expenditure  exceeds  the  sum  of  $500. 
to  be  let  to  the  lowest  responsible  bidder, 
after  advertising  for  proposals  for  five  consecutive  days, 
in  the  official  newspaper  of  the  city. 

notice  to  specifically  state  work  contemplated  to  be  done. 
Council  may  reject  any  and  all  bids  if  deemed  excessive, 
may  readvertise  for  bids,  etc. 

may  provide  work  to  be  done  by  Department  of  Public  Works, 
if  no  bid  received,  may  be  done  by  Department  of  Public  Works. 
Public  work  and  supplies  form  of  contract  under,  §  187. 
Supervision  of  public  utility  companies,  §  65. 
Publication  of  popuiab  ordinances,  §  223. 

method  of  publication  defined  and  prescribed. 
Purchase  of  property  by  city,  under  execution,  §  148. 
Quarries,  City  to  acquire,  establish,  operate,  etc.,  §  97. 
Quorum,  a  majority  of  members  of  Council  shall  constitute,  §  79. 

three  members  of  the  Board  of  Education  shall  constitute,  §  235. 
Rancho  of  Vincente  and  Domingo  Pebalta,  §  3.     (See  Boundaries.) 
Rafts,  City  to  regulate  and  control  landing  of,  §  157. 
Rates,  regulation  of  public  utility,  fixed  and  determined.  §  158. 

Rates  and  charges,  franchises  subject  to,  §  208. 
Ratification  of  Charter,  certificate  of,  §  254. 
Railroads. 

Railroads  to  keep  streets  in  repair,  §  160. 

City  to  require  every  railroad  company  to  keep  streets  in  repair. 


144  Charter  of  the  City  of  Berkeley 

Eailboads,  To  keep  streets  in  repair   (Continued). 

between  the  tracks  and  along  the  same. 

and  within  the  distance  of  two  feet  upon  each  side  of  tracks. 
Eegulation  of  street  railroads,  §  159. 

City  to  regulate  street  railroads,  their  tracks  and  cars. 

to  compel  owners  of  two  or  more  to  use  the  same  street. 

for  any  distance  not  exceeding  ten  blocks. 

to  use  same  tracks  and  equitably  divide  the  cost. 
Eeservation  for  belt  lines  of  railroad,   §  217. 
Spur  tracks,    161. 

City  to  permit  the  laying  down  of  and  side  tracks. 

and  running  cars  thereon  to  connect  warehouses,  etc. 

subject  to  regulations  prescribed  by  the  Council. 

such  tracks  to  be  used  for  the  transportation  of  freight  only. 

not  to  be  used  as  a  main  line  or  part  thereof. 

may  be   used   for   excavating   or  filling  in   a   street   or  portion 
thereof,  etc. 

for  time  necessary  for  such  purpose  and  no  longer. 

such  tracks  to  be  laid  level  with  the  street. 

not  to  interfere  with  public  use  of  the  street. 

all  permits  therefor  revocable  at  pleasure  of  Council. 
Eegulations  as  to  general  election,  provided  for,  §  33. 

Further  regulations,  Council  may  make  to  carry  out  provisions  of  §  44. 
Further  regulations.  Council  may  make  by  ordinance,  §  228. 
Further  regulations,  Council  may  make  by  ordinance,  §  231. 
Eegulation  of  poles  and  wires,  §  162. 
Eegulation  of  public  utility  rates,  §  158. 

Council  to  fix  and  determine  same. 

includes  water,  heat,  light,  power  and  telephone  service. 

ordinance  ett'ective  on  July  1st  after  passage. 

rates  to  be  fixed  in  February  of  each  year. 

quality  of  service  to  be  prescribed  by  Council. 
Eegulation  of  street  railroads,  §  159. 
Eecall  of  elective  officers,  §  35. 

applies  to  all  elective  officers. 
Election  under  recall  petition,  §  38. 
Further  regulations  under  the  recall,  §  44. 
Grounds  of  recall.     Officers  justification.     §  39. 
Incapacity  for  appointment  of  recalled  official,  §  43. 
Incumbent  removed  if  not  elected,  §  41. 
No  recall  petition  for  first  three  months,  §  42. 
Officer  sought  to  be  removed,  a  candidate,  §  40. 
Petition  for  recall,  defined  and  prescribed,  §  36. 
Provisions  of  Sec.  5  of  Art.  3  of  Charter  apply,  §  37. 
Eeports  of  departments,  §  70. 

departments  to  report  annually. 

date  of  reports  to  be  fixed  by  Council. 

reports  to  be  made  to  the  Mayor. 

to  include  full  report  of  all  operations. 


Charter  of  the  City  of  Berkeley  145 

Repoets  of  departments  (Continued). 

Reports  to  be  published  annually,  §  71. 
Reports  and  accounts  to  be  uniform,  §  186. 
Reugious  and  political  tests  forbidden,  §  74. 

City  appointments  not  affected  by  religion  or  politics, 
appointments  and  removal  to  be  independent  of. 
transfer  and  promotion  not  to  be  affected  by. 
political  opinions  and  affiliations  not  to  affect  appointment. 
Resolutions,  Council  shall  act  by  ordinance  or  resolution,  §  81. 
Concurrent  resolution  of  Legislature  approving  Charter,  §  254. 

(See  also  Sees.  1  to  11,  inclusive.) 
Term  of  town  officers  cease  when  Council  so  declares  by,  §  247. 
Time  of  meeting  of  Board  of  Education  designated  by,  §  234. 
Reconsideration,  §  88. 

no  vote  on,  before  one  week  before  date  of  motion  or  bill. 
Revision  and  amendment,  §  90. 

by  reference  to  title  only  prohibited, 
only  by  method  provided  for  adoption  of  ordinances. 
Repeal,  §  91. 

must  be  made  by  ordinance  as  provided  in  Sec.  44,  Charter. 
Repeal  of  popular  ordinance,  §  227. 
Reading  rooms.  Council  to  establish,  maintain,  equip,  etc.,  §  97. 
Recreation,  places  of,  Council  to  establish,  maintain,  equip,  etc.,  §  97. 
Reduction  works  (garbage),  §97. 

Council  to  establish,  maintain,  etc. 
Rewards,  Council  to  offer  rewards  not  exceeding  $250,  §  113. 
for  apprehension  and  conviction  in  cases  of  felony, 
and  to  authorize  the  payment  thereof. 

Reservation  for  belt  lines,  §  217. 

City  and  Council  precluded  from  granting  exclusive  right. 

to  or  upon  the  bed  of  San  Francisco  Bay. 

beyond  the  line  of  mean  low  tide. 

structures  preventing  the  construction  of,  forbidden. 

mutual  use  of  tracks  provided  for. 

Referendum,  the.     Mode  of  protesting  against  ordinances,  §  229. 

provisions  of  Sec.  5,  Art.  3,  Charter,  .as  to  forms  and  conditions, 
verification,  certification,  and  filing  to  conform  to. 

Reference  of  measures  to  popular  vote  (referendum),  §230. 

Requirements  of  certificate  of  nomination,   §  16.     (See  Certificate 
and  Election.) 
Requirements  of  ballot,   §  21.      (See  Ballots.) 

Record  of  City  ordinances,  to  be  kept  by  City  Clerk,  §  93. 
Right  of  City  to  assume  ownership  op  franchise,  §  209. 

Rights  and  liabilities  of  City  defined  by  Charter,  §  2. 

the  City  succeeds  to  all  rights  of  property,  etc.,  of  the  town. 


146  Charter  of  the  City  of  Berkeley 

Rock  Island  tract      §  3.     (See  Boundaries.) 
Road,  Tunnel,  §  3.     (See  Boundaries.) 

County  Road   No.   4398,   §  3.      (See   Boundaries.) 

Public  Road  No.  3093    (also  designated  County),  §3.      (See  Boun- 
daries.) 

Rooms,  Reading,  Council  to  establish,  maintain,  equip,  etc.,  §  97. 

Russell  Street,  §  3.     (See  Boundaries.) 

Rules. 

Rules  governing  second  election  prescribed,  §  30. 
Rules  of  proceeding  in  the  Council,  §  80. 

Council  to  establish  rules  for  its  proceedings. 
Rules  of  proceedings  in  the  Board  of  Education,  §  236. 

Board  to  determine  the  rules  of  its  proceedings. 

Rubbish,  City  to  prevent  the  accumulation  of,  §  122. 
San  Pablo  Avenue,  §  3.     (See  Boundaries.) 
Sawyer's  partition  line,  §  3.      (See  Boundaries.) 

Salaries  of  elective  officers,  §  56. 

Mayor  shall  receive  $2400  per  annum,  payable  monthly. 
Auditor  shall  receive  $1800  per  annum,  payable  monthly. 
Councilmen  shall  receive  $1800  each  per  annum,  payable  monthly. 
School  Directors  shall  receive  $5   for  each   regular  meeting  of 

Board, 
refers  to  meetings  which  he  shall  attend, 
limited  to  not  more  than  $15  in  any  one  month. 
Compensation  of  oflBcers  and  employees,  §  69. 

salary  of  all  City  officers  to  be  fixed  by  the  Council, 
includes  all  City  officers  as  provided  by  §  30,  Charter,   Art.   7 
(see  78). 
Sale  of  useless  personal  property  by  the  City,  §  149. 

includes  personal  property  unfit  or  unnecessary  for  use  of  City. 
Sales  by  City  under  bequests  and  donations  to,  §  103. 
Sale  of  franchise  after  forfeiture  thereof,  §  204. 
Sales  of  personal  and  real  property  under  tax  liens,  §  182. 
Sailing  vessels,  City  to  license,  regulate  and  control  landing,  etc.,  of, 

§157. 
Schools. 

All  meetings  of  the  Board  shall  be  public,  §  237. 
Annual  estimate  of  expenses,  §  244. 

Board  to  submit  to  Council  annually  careful  estimate. 

moneys  to  be  received  from  the  State  and  county  for  support  of. 

amount  required  from  City  for  support  of  schools  for  ensuing 

year, 
subject  to  Charter,  to  be  assessed  and  collected  in  annual  tax 

levy, 
proceeds  of  tax  to  be  immediately  paid  into  school  fund, 
to  be  drawn  out  only  upon  order  of  the  Board  of  education. 


Charter  op  the  City  of  Berkeley  147 

Schools  (Continued). 

The  Board  of  Education,  §  232. 

to  have  entire  control  and  management  of. 

in  accordance  with  Constitution  and  general  State  laws. 

vested  with  powers  and  charged  with  duties  under  Charter. 

and  general  laws  of  State  for  city  boards  of  education. 
Board  to  appoint  a  Superintendent  of  Schools,  §  238. 

to  fix  the  compensation  of. 
Election  of  teachers,  §  241. 

Board  of  Education  to  elect  all  teachers. 

limited  to  list  of  candidates  nominated  by  Superintendent. 

Board  to  prescribe  rules  to  govern  Superintendent  in  nominat- 
ing and  recommending. 
Eligibility  of  School  Directors  prescribed  and  defined,  §  48. 
Meetings  designated  by  the  Board,  §  234. 
OflScial  bond  of  School  Director,  §  54. 
Powers  and  duties  of  the  Superintendent  defined,  §  239. 

to  be  the  executive  oflScer  of  the  Board  of  Education. 

to  give  his  full  time  to  the  duties  of  the  office. 

subject  only  to  the  Board  and  its  orders. 

orders  of  the  Board  relating  to  principal,  teachers  and  janitors 
to  be  given  through  the  Superintendent  of  Schools. 

to  examine  all  plans  for  construction  of  school  buildings,  etc. 

to  report  in  writing  to  the  Board,  his  objections  thereto. 

to  have  supervision  of  instruction,  discipline  and  conduct  of. 

may  be  required  to  act  as  Secretary  of  the  Board. 
Powers  of  Superintendent  with  reference  to  teachers,  §  240. 

to  nominate  and  recommend  all  teachers  and  principals  for  elec- 
tion by  the  Board  of  Education. 

to  assign  teachers  and  principals  and  make  transfers. 
President  of  the  Board  to  be  elected  annually,  §  233. 
Provision  for  safety  in,  §  123. 

Council  to  regulate  size  and  construction  of  entrances  and  exits. 

to  prevent  obstructions  in  hallways,  aisles,  etc. 
Public  buildings,  works  and  institutions,  §  97. 

City  to  establish,  maintain,  equip,  etc.,  schools. 

City  to  establish,  maintain,  equip,  etc..  kindergartens. 

City  to  establish,  maintain,  equip,  etc.,  farm  schools. 
Quorum,  three  members  of  the  Board  to  constitute,  §  235. 
Rules  of  proceedings  determined  by  Board,  §  236. 
Salary  of  School  Directors,  §  56. 
School  Directors'  term  of  office,  §  53. 
School  warrants,  §  243. 

claims  payable  out  of  school  fund  to  be  MeA  with  Secretary  of 
Board. 

to  be  approved  by  Board  and  certificate  of  approval  endorsed 
thereon. 

certificate  to  be  signed  by  the  President  and  Secretary. 

warrant  in  payment  of  such  claim  to  be  issued  against  school 
fund. 


148  Charter  of  the  City  op  Berkeley 

Schools  (Continued). 

warrant  to  be  signed  by  President  and  countersigned  by  Secre- 
tary, 
to   specify  purpose   for   which   drawn   and   to   be   approved   by 
Auditor. 
Tenure  of  teachers,  §  242. 

teachers  subject  to  annual  election  for  first  two  years, 
after  two  years'  service  to  be  elected  triennially. 
Vacancy  in  office  of  School  Director,  §  50. 
Second  klection.     First  election  deemed  a  primary,  when,  §  28. 
Seal,  official.     Council  to  provide  a  corporate  seal  for  the  Ctiy,  §  110. 
to  contain  an  appropriate  device  thereon, 
to  be  affixed  to  instruments,  etc.,  requiring  authentication. 
Seavers  and  drains,  Council  to  regulate  construction  and  location   of, 
§120. 
Sewer  connections.  Council  to  regulate  the  construction,  repair,  etc., 
of,   §136. 
to  compel  the  connecting,  cleaning  or  emptying  of  same, 
to  designate  time  and  manner  in  which  work  shall  be  done. 
Service  and  accommodation,  §  207. 

grant  of  franchise  or  privilege  subject  to  right  of  City,  whether 

same  is  reserved  or  not. 
to  make  regulations  for  the  safety,  welfare,  etc.,  of  the  public, 
including  right  to  pass  and  enforce  ordinances  for. 
to  enforce  regulations  necessary  to  secure  proper  service,  and  to 
insure  the  comfort  and  convenience  of  the  public. 
Several  ordinances  at  one  election  (initiative),  §225. 
Shavings,  Council  to  prevent  depositing  of,  §  122. 
Signing  and  attesting  of  resolutions  and  ordinances,  §  89. 

to  be  signed  Dy  the  Mayor  and  attested  by  City  Clerk. 
Sidewalks,  weeds  and  rubbish  on  to  be  removed,  §  126. 
owner  or  occupant  of  building  to  remove, 
upon  failure,  to  be  removed  by  City  at  owner's  expense. 
Council  to  order  sidewalks  constructed,  etc.,  §  152. 

Sinks,  Council  to  regulate  construction,  repair  and  use  of,  §  136. 

Size  and  location  of  water,  gas  and  other  pipes,  §  163. 

Slot  machines,  keeping  and  operating  of  prohibited,  §  141. 

Spruce  street,  §  3.     (See  Boundaries.) 

Special  and  general  municipal  elections,  provided  for,  §  4. 
Special  elections  limited  to  one  in  six  months,  §  226. 

Special  tax,  City  to  raise  money  by,  and  regulations  under,  §  105. 

Sprinkling  plant.  City  to  equip  and  operate  for  streets,  §  97. 

Sprinkling,  cleaning  and  paving  of  streets  by  holders  of  franchises, 
§212. 
Spur  tracks.  Council  to  permit  the  laying  down  of  and  regulating,  §  161. 


Charter  op  the  City  of  Berkeley  149 

Streets,  S  3. 

Blackstone,  Art.  2,  Sec.  3,  Boundaries. 

First,  Art.  2,  Sec.  3,  Boundaries. 

Idaho,  Art.  2,  Sec.  3,  Boundaries. 

Mabel,  Art.  2,  Sec.  3,  Boundaries. 

Occidental,  Art.  2,  Sec.  3,  Boundaries. 

Russell,  Art.  2,  Sec.  3,  Boundaries. 

Todd,  Art.  2,  Sec.  3,  Boundaries. 

Union,  Art.  2,  Sec.  3,  Boundaries. 
City  to  establish  street  cleaning  and  sprinkling  plants,  §  97. 
Closed  or  abandoned  streets.  Council  to  regulate,  §  156. 
Franchises  to  use  streets.  Charter  provisions  concerning,  §  198. 
Improper  use  or  construction  of,  §  125. 
Provision  for  safety  in,  City  to  make,  §  124. 
Railroads  to  keep  streets  in  repair,  §  160. 
Regulation  of  poles  and  wires,  above,  over  and  along,  §  162. 
Sprinkling,  cleaning  and  paving,  by  holder  of  franchise,  §  212. 
Street  grades,  establishment  or  change  provided  for,  §  151. 
Street  opening,  prescribed  and  defined,  §  153. 
Street  railroads,  regulation  of  provided,  §  159. 
Street  Superintendent,  a  chief  oiBcial,  §  67. 
Street  work.  Council  to  regulate,  order,  control,  etc.,  §  152. 
Use  of  streets  without  a  franchise,  prohibited,  when,  §  197. 
Weeds  and  rubbish  on  sidewalks  of,  §  126. 

Stacks,  Council  to  regulate  construction  of  and  material  used  in,  §  120. 

Stoves,  Council  to  prevent  the  construction  of  dangerous,  §  122. 

to  cause  the  removal  of  dangerous  stoves  and  stovepipes,  etc. 

Steamboats,  City  to  license,  control  the  landing,  etc.,  of,  §  157. 
State,  Town  of  Berkeley,  State  of  California,  §  254. 
Successor.    City  of  Berkeley  a  successor  of  town  of  Berkeley,  §  1. 
also  successor  of  all  rights  and  liabilities. 

Subpoenas,  §  57. 

Elective  officers,  chief  oflBcials  and  members  of  Board  or  Commission 
shall  have  power  to  issue  subpcenas. 

to  compel  production  of  books,  papers  and  documents. 

to  compel  testimony  concerning  matters  and  things  pending  be- 
fore such. 

failure  to  appear,  etc.,  constitutes  a  contempt. 

|)er8ons  in  contempt  subject  to  proceedings  under  general  laws 
of  State, 

Chief  of  Police  to  detail  officers  to  serve. 

Superintendent. 

Nomination  and  recommendation  of,  §  241. 

Powers  and  duties  of,  §  2.H9. 

Powers  with  reference  to  teachers,  §  240. 

Street  !!>uperintendent.  a  chief  oflRcial,  §  67. 

Superintendent  of  Schools,  Board  of  Education  to  appoint,  §  238. 


150  Chaeter  of  the  City  of  Berkeley 

Supervision  of  public  utilities  companies  by  the  Mayor,  §  62. 

duties  of  Mayor,  with  reference  to,  prescribed. 
Subordinate  officers  and  employees,  §  68. 
Council  to  create,  etc. 
Superintendent    of   Schools   subordinate   only   to   Board   of   Educa- 
tion, §239. 
Subject  and  title,  as  to  ordinances,  defined,  §  84. 
Sue  and  defend,  §  107. 

City  to  sue  and  defend  in  all  courts  and  places,  and  in  all  mat- 
ters and  proceedings. 
Tax. 

Bond  tax.    Library  tax,  §  180. 

Council  may  levy  and  collect  taxes  in  addition, 
sufficient  to  pay  the  interest  on  bonded  indebtedness  of  City, 
sufficient  to  maintain  the  sinking  fund  of  the  City, 
sufficient  to  provide  for  free  libraries  and  reading-rooms. 
Erroneously  collected  taxes,  §  144. 

Council  to  order  the  repayment  of  by  the  Treasurer, 
taxes,  percentages,  or  costs,  erroneously  or  illegally  collected. 
Limit  of  tax  levy,  §  179. 

shall  not  exceed  $1.00  on  each  $100  of  assessed  value, 
includes  all  real  and  personal  property  within  the  City, 
not  less  than  35  cents  to  be  apportioned  to  the  school  fund, 
unless  estimate  of  Board  of  Education  calls  for  less  amount, 
remainder  of  tax  levy  to  be  placed  in  general  fund, 
to  be  apportioned  by  Council  subject  to  Charter  provisions. 
Special  tax,  §  105. 

may  be  levied  in  adddition  to  annual  tax  levy, 
to  authorize  same,  provisions  under  the  initiative  shall  be  fol- 
lowed, 
also  provisions  relating  to  the  referendum  shall  be  followed, 
levy  of  special  tax  to  be  approved  by  two-thirds  of  qualified 

electors, 
where  public  necessity  requires.  Council  may  anticipate  and  bor- 
row, to  provide  in  next  succeeding  tax  levy  for  repayment, 
with  interest  not  to  exceed  five  per  cent  per  annum, 
or  may  levy  special  tax  for  a  period  not  exceeding  three  years, 
for   any   permanent   municipal   improvement, 
to  be  expended  each  year  after  same  is  collected  and  available. 
Tax  levy,  annual,  §  178. 

Council  to  adopt  ordinance  levying. 

not  later  than  first  Tuesday  in  September. 

upon  the  assessed  valuation  of  City  property. 

rate  upon  each  $100  to  equal  annual  budget. 

less  amounts  received  from  fines,  licenses,  etc. 

to  deliver  the  assessment  roll  to  the  Auditor. 

Auditor  to  compute  and  carry  out  the  levy. 

corrected  list  for  each  tax  constitutes  assessment  roll. 

Auditor  to  certify  same  as  the  assessment  roll. 


Charter  op  the  City  of  Berkeley  151 

Tax  (Continued). 
Tax  liens,  §  182, 

assessment  constitutes  a  lien  on  property  assessed. 

percentages  imposed  for  delinquency  a  lien. 

cost  of  collection  of  taxes  a  lien. 

tax  on  personal  property  a  ben  on  real  property. 

liens  attach  first  Monday  in  March  each  year. 

may  be  enforced  by  suits  in  proper  court. 

action  to  foreclose  lien  or  seU  property. 

certificates  and  deeds  thereunder  prescribed  by  ordinance. 

sales  for  non-payment  of  taxes  prescribed. 

the  right  of  redemption  preserved. 

rules  in  State  and  County  sales  to  govern. 

Council  has  power  to  provide  the  mode  of  procedure. 
Tax  system,  §  173. 

Council  by  ordinance  shall  provide  a  system.  • 

for  the  assessment,  levy  and  collection  of  all  City  taxes. 

to  be  consistent  with  the  Charter. 

may  utilize  State  laws  in  force. 

other  provisions  of  Charter  subject  to  ordinance. 

Taxation,  on  all  real  and  personal  property  prescribed,  §  143. 
subject  to  the  limitations  provided  in  the  Charter. 

Tesm  of  office  of  Mayor  and  Auditor  prescribed,  §  51. 
Councilmen's  term  of  oflSce,  §  52. 
School  Directors'  term  of  oflSee,  §  53. 
Terms  of  incumbents  in  oflSce,  §  247. 

officials  holding  office  at  time  of  approval  of  Charter  to  serve 

until  election  and  qualification  of  successors, 
term  of  other  officers  ceases  when  Council  so  provides. 

Telephone,  telegraph  and  transportation  systems,  §  99. 

City  may  acquire  by  purchase,  condemnation  or  otherwise, 
may  establish,  maintain,  equip,  own  and  operate, 
includes  cable,  electric  or  other  railways, 
ferries  or  transportation  service  of  any  kind. 

Telegraph,  telephone  and  transportation  systems,  §  99. 

Tenement  houses.    Lodging  and  tenement,  Council  to  regulate,  §  135. 
to  prevent  the  overcrowding  of  and  sanitary  condition  in. 

Teachers. 

Board  of  Education  to  make  rules  governing  nominations,  etc.,  §  241. 

Election  of,  by  the  Board  of  Education,  §  241. 

Orders  of  the  Board  relating  to  direction  of,  §  239. 

Powers  of  Superintendent  with  reference  to,  §  240. 

Tenure  of  teachers,  §  242. 

first  two  years  of  sen-ice  subject  to  annual  election, 
after  two  years'  service  elected  triennially. 
Tknxjbe  of  office,  with  reference  to  teachers,  §  242. 
Theatres,  provision  for  safety  in,  etc.,  123. 


152  Charter  of  the  City  of  Berkeley 

Todd  street,  §3.     (See  Boundaries.) 
Tract,  §  3. 

Garrison.     (See  Boundaries.) 
Colby.     (See  Boundaries.) 
Herzog.     (See  Boundaries.) 
Lorin  Villa.     (See  Boundaries.) 
Newbury.     (See  Boundaries.) 
North  Cragmont.     (See  Boundaries.) 
Northbrae.      (See  Boundaries.) 
•  Bock  Island.     (See  Boundaries.) 
Treasurer,  a  chief  official  of  the  City,  §  67. 

Council  to  order  Treasurer  to  repay  erroneously  collected  taxes,  §  144. 

also  percentages  erroneously  or  illegally  collected. 
Auditor  to  certify  to  Treasurer  of  amount  indebtedness  due  to  City, 
§  183. 
•  Auditor  to  charge  Treasurer  with  amount  received. 

to  notify  Treasurer  of  apportionment  or  appropriation. 
When  expenses  on  cash  basis,  warrants  drawn  on  Treasurer,  §  184. 
Transportation,  telephone  and  telegraph  systems,  §  99. 

City  to  acquire  by  purchase,   condemnation  or  otherwise, 
to  establish,  maintain,  equip,  own  and  operate, 
includes  railways,  ferries  and  service  of  any  kind. 
Trusts,  Council  to  provide  for  execution  of,  §  150. 
includes  all  trusts  confided  to  the  City. 
Bequests  and  donations  to  the  City,  §  103. 

includes  all  kinds  of  property  in  fee  simple  or  in  trust, 
with  power  to  act  in  accordance  with  the  terms  of  the  trust, 
or  absolutely,  in  case  such  trust  be  unconditional. 
Tracks,  spur,  Council  to  permit  laying  of,  and  to  regulate,  §  161. 
City  to  regulate  street  railroads,  their  tracks  and  cars,  §  159. 

to  compel  joint  use  of  and  equitable  division  of  cost. 
Eailroads  to  repair  streets  between  and  along  tracks,  §  160. 
and  within  the  distance  of  two  feet  along  each  side  of. 
Eeservation  for  belt  lines  provides  joint  use  of,  §  217. 
Tuohy's  Second  Addition,  §  3.     (See  Boundaries.) 
Tunnel  road,  §  3.     (See  Boundaries.) 
Tunnels,  Council  to  order  construction  of,  §  152. 
Tugboats,  City  to  control  landing,  etc.,  of,  §  157. 
Union  street,  §  3.     (See  Boundaries.) 

Urgency  fund,  Mayor's.     Council  to  provide  .$500  a  year,  §  146. 
Vacancy. 

Failure  of  person  to  qualify  creates,  §  14. 
If  recalled  official  fails  of  election,  §  41. 
Mayor  i)ro  tempore,  rules  respecting,   §  59. 

Vice-President  of  the  Council  to  act  as  Mayor. 

when  a  vacancy  exists  in  the  office  of  Mayor. 

and  until  vacancy  can  be  filled  as  provided  by  Charter. 


Charter  of  the  City  of  Berkeley  153 

Vacancy  (Continued). 

Vacancy  in  office  of  Mayor,  Auditor  or  Councilmen,  §  49. 
Vacancy  in  office  of  School  Director,  §  50. 
Vagrants,  to  restrain  and  punish,  §  142. 

Vaults,  Council  to  regulate  construction,  repair  and  use  of,  §  136. 
Verification. 

Verification  deputies,  §  11. 

to  be  qualified  electors  of  the  City, 
appointed  by  City  Clerk  on  application  of  five  electors, 
when  appointed,  authorized  to  take  oath  of  verification, 
to  take  the  oath  of  signers  of  petitions  of  nomination, 
not  permitted  to  take  oaths  for  any  other  purpose, 
not  required  to  use  a  seal. 

appointments  continue  only  until  petitions  have  been  filed. 
Vegetables,  Council  to  provide  for  the  inspection  of,  §  133. 

Vegetable  refuse.  Council  to  provide  for  collection  and  disposal  of, 
§137. 
Villa  Homestead  Association,  §  3.     (See  Boundaries.) 
Violation  of  Charter  and  ordinances  a  misdemeanor,  §  2,50. 
may  be  prosecuted  in  name  of  people  of  the  State, 
or  may  be  redressed  by  civil  action, 
imprisonment  for  violating  Charter  or  ordinance, 
may  be  in  City  or  county  jail,  as  Council  may  ordain, 
if  in  county  jail,  expense  to  be  borne  by  City. 
Voting  machines.  Council  may  adapt  them  for  use,  when,  §  34. 
Waterways,  Council  may  establish,  own  and  operate,  etc.,  §  97. 
Water,  light,  heat  and  power.  City  may  equip,  own  and  operate  water- 
works, §  98. 
Joint  ownership  of  water  supply  provided  for,  §  106. 
Council  to  provide  supply  for  municipal  purposes,  §  154. 
Bates  governing  contracts  for  water,  §  192. 
Waterworks,  City  may  equip,  own  and  operate,  §  98. 
Waterfront  and  Wharves,  §  157. 

Council  to  control,  repair,  etc. 
to  fix  rates  of  wharfage,  dockage  and  tolls, 
to  provide  for  the  collection  thereof, 
to  regulate,  etc.,  the  landing  of  watercraft. 
to  make  regulations  concerning  wharves. 
Reservation  for  belt  lines  along,  §  157. 
Watercraft,  City  to  license,  regulate  and  control,  etc.,  §  157. 
Walls,  Council  to  regulate  and  prevent  insecure,  §  120. 

Council  to  order  construction  to  protect  street  work,  §  152. 
Wagons    (Express),  Council  to  establish   stands   for  and   regulate,  etc., 

§139. 
Warrants.     (School.) 

to  be  approved  by  Board  of  Education. 


154  Charter  of  the  City  op  Berkeley 

Waeeants    (Continued). 

certificate  of  approval  to  be  endorsed  by  President  and  Secre- 
tary, 
warrants  to  be  issued  against  the  school  fund, 
to  be  signed  by  President  and  countersigned  by  Secretary. 
Auditor  to  endorse  upon  the  word  "Allowed." 

Cash  basis  fund  to  be  provided  for  the  immediate  payment  of,  §  184. 
Money  to  meet  warrants  payable  on  demand,  §  184. 
Money  to  be  drawn  from  treasury  only,  upon,  §  183. 

claims  payable  out  of  school  fund  to  be  filed,  §  243. 
Together  with  date  of  allowance  and  subscribe  his  name  thereto. 
Warrants  to  bear  number  and  date  the  same  as  demand. 
Wells,  Council  to  regulate  construction,  repair  and  use  of,  §  l36. 
Weights  and  measures,  §  140. 

Council  to  provide  for  inspection  and  sealing  of. 
includes  all  weights  and  measures  used  in  the  City, 
to  be  duly  tested  and  sealed. 
Council  to  enforce  keeping  and  use  of  by  dealers. 
Whaeves,  Council  to  own,  operate  and  maintain,  §  97. 
City  to  improve,  keep  in  repair  and  control,  §  157. 
Wharfage,  City  to  fix  the  rates  of,  and  the  collection  thereof,  §  157. 
Withdrawal  op  signatxtre,  §  14. 

signer  to  a  petition  of  nomination  may  withdraw, 
must  file  with  City  Clerk  a  verified  revocation  of  signature, 
after  withdrawal  may  sign  petition  for  another  candidate. 
Withdrawal  of  candidate,  §  15. 

withdrawal  not  less  than  twenty-five  days  before  election, 
must  file  with  City  Clerk  a  request  therefor  in  writing, 
names  so  withdrawn  not  to  be  printed  upon  ballot,  etc. 
Woolsey  Street,  §  3.     (See  Boundaries.) 

Workhouses,  Council  may  own,  establish,  maintain,  etc.,  §  97. 
Wires,  regulation  of,  §  102. 

regulation  of  telephone,  telegraph,  electric  light  or  other, 
within  the  City  or  any  designated  portion  thereof, 
to  regulate  or  prohibit  suspending  of,  along  or  across  streets, 
highways,  etc. 


J 

J  V 

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UBiRARY 
PUBLIC  AFFMRS  I^ERVICC 


APR  ;  O1980 


UNIVl.  .  of<i^*A 


